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Reasons
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(영문) 인천지방법원 2018.06.27 2017가단37521
대여금
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1. The defendant shall pay to the plaintiff KRW 53,643,90 and KRW 12,605,493 from October 2, 2017 to the day of full payment.

Reasons

1. The assertion;

A. The Plaintiff asserted that the Plaintiff loaned KRW 90,450,00 to the Defendant from September 22, 2008 to March 12, 2009 (excluding loans made on November 11, 2008). From October 9, 2008 to August 26, 2015, the Plaintiff paid KRW 31,95,000 (excluding loans made on December 15, 2008) (excluding loans made on November 11, 2008) from the Defendant, and thus, the Plaintiff remains at 58,495,000 (i.e., KRW 90,450,000) with interest rate of KRW 31,95,00,000 from October 24 to 26, 2008.

Therefore, the Defendant is liable to pay the Plaintiff the statutory damages for delay from October 11, 2008 to the agreed damages for delay, 18,495,000 won, and 40,000 won among the loans, respectively, from the day after the delivery date of a copy of the instant complaint, to the Plaintiff.

B. The defendant's assertion that he borrowed 24% interest per annum from the plaintiff on October 11, 2008. However, the defendant's assertion that the plaintiff borrowed 40,000,000 won as interest per annum is denied since the remaining amount claimed by the plaintiff was subsidized as business funds.

From October 9, 2008 to October 1, 2017, the Defendant repaid 19,415,835 won to the Plaintiff. From January 17, 2009, the Defendant subrogated for 20,700,000 won in total, including 30 benna events equivalent to 7,500,000 won in the value of January 17, 2009, 6,600,000 won in the value of March 2, 2009, 10 release on bail equivalent to 3,300,000 won in the value of June 22, 2009, 3,000 won in the value of June 22, 2009, 3,300,000 won in the value of November 19, 2014.

As such, the Defendant’s obligation against the Plaintiff was extinguished by either repaying or paying in lieu of KRW 40,115,835 (= KRW 19,415,835).

2. Determination

A. Facts of recognition 1) The Plaintiff, as set out in the [Attachment 1] No. 2, lent to the Defendant KRW 40,000,000 on October 11, 2008, the interest rate of KRW 24% per annum (2% per month) and the due date of repayment by April 11, 2009 (hereinafter “instant first loan”).

(2) For example, as set forth in 1, 3 through 9, the lending column of the same Table: 50,450 in total over several occasions from September 22, 2008 to March 12, 2009.

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