(영문) 광주지방법원장흥지원 2016.11.30 2016가단463

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(영문) 광주지방법원장흥지원 2016.11.30 2016가단463

대여금 청구의 소

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1. Defendant B shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from May 10, 2016 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. In full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 through 4, defendant B, while borrowing 50 million won from the plaintiff around May 3, 2006 (hereinafter "the loan of this case"), agreed to pay 30 million won out of the loan of this case until June 20, 2006, and the remaining 20 million won until July 10, 2006.

According to the above facts, Defendant B is obligated to pay to the Plaintiff the remainder of KRW 20 million after deducting KRW 30 million from the loan principal that the Plaintiff was repaid at KRW 50 million and the delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 10, 2016 to the date of full payment, as sought by the Plaintiff.

B. As to this, Defendant B asserts that the remaining principal of the loan in this case claimed by the Plaintiff should be additionally deducted from KRW 20 million, in addition to KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000 around October 201, 2010.

In light of the fact that Defendant B paid or delivered KRW 5 million to the Plaintiff around October 2010, and KRW 1 million at the market price around March 2013 to the Plaintiff, there is no dispute between the parties, which is paid or delivered at the end of about four years and three months, and about six years and eight months, respectively, from the date of repayment of the loan of this case. In light of the fact that the amount of the loan of this case was remarkably small amount in light of KRW 50 million, the remainder of the loan principal at the time of the payment of the amount of the loan of this case, as alleged by the Plaintiff, this is determined to have been paid as compensation for delay for the loan of this case.

Therefore, Defendant B’s above assertion is without merit.

2. Determination as to the claim against Defendant C

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유사 판례

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