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Reasons
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(영문) 서울중앙지방법원 2020.06.24 2020가합1160
대여금 청구의 소
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1. The defendant shall pay 300,000,000 won to the plaintiff and 12% per annum from April 4, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 6, 2018, the Plaintiff leased KRW 200 million to the Defendant at a rate of six months after the time of borrowing the due date, at the rate of six percent per annum, and was drafted by the Defendant with the following borrowings.

The borrower (Defendant) agrees to borrow 200 million won in cash from the borrower (Plaintiff) on August 6, 2018 at 6% per annum for six months, and pay 1 million won in interest as of the sixth day of each month.

(B) The due date may be extended by mutual consultation.

On September 28, 2018, the Plaintiff: (a) determined the repayment period of KRW 100 million to the Defendant at six months after the date of borrowing; and (b) borrowed at six percent per annum; and (c) received the following certificates from the Defendant.

The borrower (Defendant) agrees to borrow 100,000 won in cash from the borrower (Plaintiff) on September 28, 2018 at 6% per annum for six months, and pay 50,000 won per month for interest.

(However, the due date may be extended by mutual compromise).

The defendant will pay the plaintiff the above loan by March 8, 2020 until February 27, 2020, and if the plaintiff fails to pay the loan by the above time, he will not raise an objection even if the plaintiff takes legal measures.

‘A letter of confirmation' has been drawn up and issued.

[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 determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 12% per annum from April 4, 2020 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.

3. If so, the claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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