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Reasons
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(영문) 서울중앙지방법원 2018.01.16 2017가단5155904
대여금 반환
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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from August 29, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On February 201, the Plaintiff entered into a sales contract with the Defendant to sell KRW 580,000,000 (hereinafter “instant real estate”) for the purchase price of KRW 540,000,00,000 in Gyeyang-gu, Ansan-si, Ansan-si, Gyeonggi-do. According to an agreement with the Defendant, the Plaintiff transferred the registration name of the instant real estate to the Defendant’s name D.

(j) No certificate of gold for use;

1. Amount borrowed: 160,000,000 won (per annum)

2. On February 28, 201.

3. Repayment date: February 28, 2013 (two years).

4. Interest rate: Interest rate applied to the principal to the creditors from the Nonghyup AFFC in principle.

5. The interest payment date: The principal borrowed 160,00,000 won from the obligee on the 28th day of each month as above. If the borrower delays the repayment of the borrowed money on the repayment date or delays the payment of interest two times or more, the obligee shall immediately notify the obligor of the return of the principal (including interest), and if the obligor fails to perform this, the obligee shall not raise an objection even if he immediately commences legal measures without the obligor’s consent.

However, on the date of redemption, conciliation may be conducted through mutual agreement.

Loaner B: A: A

B. The Defendant did not pay 160 million won out of the above purchase price to the Plaintiff, and the Defendant prepared a certificate of borrowed money as follows.

C. However, until October 25, 2013, the Defendant paid to the Plaintiff interest of KRW 160 million with interest of KRW 100 million (at the time of the NongHyup, the interest rate of KRW 6.6% was applied). Over the period from May 2013 to October 10, 2013, the Defendant paid KRW 30 million out of the above principal and KRW 90 million over about 30 months from January 2014, and not yet paid the remaining 40 million.

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

2. According to the above facts of recognition, the defendant's 40,000,000 won and the plaintiff's claim against this.

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