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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the purport of part of Gap evidence No. 1 and all pleadings as to the cause of the claim, it is clear that the "certificate of rent" was prepared between the plaintiff and the defendant on May 26, 2017 that the defendant borrowed KRW 60,000,000 from the plaintiff as of December 30, 2018. It is apparent that the repayment period for the repayment of the borrowed money has not arrived.
Meanwhile, according to Article 251 of the Civil Procedure Act, a lawsuit claiming performance in the future needs to be filed in advance. In light of the fact that the Defendant does not deny the obligation to return the borrowed amount itself, the evidence submitted by the Plaintiff alone is insufficient to deem that it is necessary to claim in advance before the due date. Thus, the Plaintiff’s claim
Accordingly, the Plaintiff asserts that, inasmuch as the Defendant did not pay interest at the rate of 18% per annum on the 21st day of each month, the Defendant lost its interest pursuant to the terms and conditions of the loan certificate, and thus, the Defendant is obliged to pay the above loan amount immediately
However, the part on the interest statement in Gap evidence No. 1, when the defendant prepared the loan amount, the date of borrowing and the debtor column, and there is no dispute between the parties, and it is insufficient to recognize that the plaintiff was delegated by the defendant to prepare the interest portion at the time when the above loan certificate was made. Thus, the part on the interest statement in Gap evidence No. 1 cannot be used as evidence, and rather, according to Gap evidence No. 4, it is obvious that the amount that the plaintiff received from the defendant from March 2017 as interest interest does not exceed the interest specified in the above loan certificate as KRW 1,50,00 per month, in light of the fact that it is obvious that the statement in Gap evidence No. 3 did not exceed the interest specified in the above loan certificate, there is an agreement between the plaintiff and the defendant on the interest rate of 18% per annum.