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(영문) 서울고등법원 2016.12.16 2016나4503
대여금
Text

1. Of the judgment of the court of first instance, KRW 165,00,000 against the Plaintiff and its related thereto from February 13, 2015 to November 9, 2015 against the Defendant.

Reasons

1. According to the evidence Nos. 1 and 2 of the facts of recognition, the Defendant: (a) lent money from around June 24, 2008 to the Plaintiff from around December 2, 2008; (b) issued and delivered the loan certificate (hereinafter “the loan certificate of this case”); (c) the Defendant, on December 12, 2014, issued and delivered to the Plaintiff, each of the loan certificate stating “150,000,000 won for rent, interest rate of KRW 150,000 per annum, interest rate of KRW 150,000 per annum, and December 2, 2010, respectively; and (d) the Defendant, on February 12, 2014, issued and delivered a performance certificate (hereinafter “instant performance certificate”).

2. There is no dispute between the Plaintiff and the Defendant on the grounds that the total amount of the principal and interest on the loan at the time of the preparation of the instant performance memorandum is KRW 165,00,000. However, the Plaintiff seeks payment of interest and delay damages at the rate of 12% per annum after January 1, 2012. On the other hand, the Defendant asserted that the amount on the instant performance memorandum was calculated by settling the principal and interest on the loan up to that time, and that there was no separate agreement on the interest thereon.

In this case, it is recognized that the Plaintiff prepared a written statement of the execution of this case stating that the Plaintiff shall pay interest at KRW 1,50,000 per annum to the Defendant at the time of lending KRW 150,000 to the Defendant, although there is no dispute between the parties, considering the overall purport of the pleadings in the statement No. 2 and No. 1 of the evidence No. 1 of this case, the Defendant shall pay interest to the Plaintiff according to the loan No. 2 of this case. On February 12, 2014, the Defendant shall set up a mortgage with the maximum debt amount of KRW 165,00,000 to the Plaintiff as to the real estate No. 165,00,000, and the above amount shall be repaid until February 12, 2015. According to the above facts of recognition, the Plaintiff and the Defendant agreed to pay the interest accrued under the loan No. 165,000,000,000 per annum to the Plaintiff without the due date of payment of interest No. 215.

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