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Reasons
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(영문) 서울남부지방법원 2016.08.24 2015가단36352
약정금
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1. The Plaintiff’s rehabilitation claim against the Defendant is KRW 40,000,000 and the interest rate thereon from July 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. From October 14, 2010 to October 16, 2012, the Plaintiff determined a total of KRW 56,100,000 to the Defendant as indicated in the following table at 2% per interest month.

The amount of loan recognized by the defendant shall be KRW 3,00,000 on October 14, 201, 201; KRW 30,000 on January 26, 2011; KRW 5,000,000 on August 15, 2011; KRW 5,000 on August 10, 201; KRW 5,000 on August 10, 201; KRW 60,00 on June 10, 205, KRW 00 on August 18, 201; KRW 10,00 on KRW 10,00 on KRW 10,00 on KRW 10; KRW 10.5,00 on KRW 7,00 on December 16, 200; KRW 8,00 on KRW 10 on August 4, 201; and

B. On November 15, 2010, the Defendant paid KRW 26,205,000 to the Plaintiff, starting to pay KRW 60,000 to the Plaintiff, and paid KRW 26,205,00 on April 21, 2014.

C. On March 20, 2014, the Defendant issued to the Plaintiff a loan certificate stating that “the Defendant borrowed a total of KRW 40 million, including the time limit money, from the Plaintiff, and agreed to arrange the time limit money every one year.”

After the filing of the instant lawsuit against the Defendant, the individual rehabilitation procedure was commenced on April 5, 2016 by Seoul Central District Court 2016 Congress 15740.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 4, 5, and 6, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion was paid KRW 53,100,000 in total to the Defendant from October 14, 2010 to September 5, 2012 as interest rate of KRW 2% (the amount of KRW 3,00,000 as of October 16, 2012, which recognized that the Defendant borrowed, appears to have been omitted in the Plaintiff’s assertion by mistake). The Plaintiff received KRW 26,205,00 in total from the Defendant on April 21, 2014. Of these, the amount received as interest interest is KRW 10,000 in total.

The defendant, on March 20, 2014, paid KRW 10 million out of the principal of the loan 50 million on March 20, 2014, shall be paid in full, and the remainder of KRW 40 million shall be paid in full every year, and the plaintiff shall be paid in full.

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