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Reasons
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(영문) 대구지방법원김천지원 2019.10.23 2019가단30941
대여금
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1. As to the Plaintiff’s KRW 85,00,000 and KRW 10,000 among them, the Defendant shall annually pay to the Plaintiff KRW 2,00 from January 23, 2009 to May 22, 2019.

Reasons

1. The following facts may be acknowledged in full view of the overall purport of the pleadings in each of Gap evidence 1, evidence 1, evidence 2, evidence 2, evidence 3, evidence 4, evidence 5-1, and evidence 5-2:

On January 28, 2008, the Plaintiff remitted KRW 10,000,00 to the Defendant. The Plaintiff’s “the certificate of rent” was drawn up as of January 29, 2008, stating that the principal due was set as of December 31, 2008 and the interest was set as 2.4% per annum and that the Defendant borrowed KRW 10,000,000 from the Plaintiff.

B. The Plaintiff, on March 18, 2008, remitted total of KRW 8,000,000 on September 8, 2008, KRW 5,000,000 on October 10, 2008, KRW 20,000 on September 18, 2008, KRW 20,000 on September 18, 2008, and KRW 10,000 on October 21, 2008, KRW 200,000 on November 24, 2008, and KRW 10,000 on December 23, 200, KRW 200 on December 25, 2008, KRW 7,000 on May 205, 205, respectively.

C. On January 22, 2009, the Plaintiff received a receipt from the Defendant for cash borrowed amounting to KRW 75,000,000. The Defendant was prepared in the name of C, a representative director, and affixed a legal seal.

Since then, the Plaintiff received the Defendant’s certificate of personal seal impression issued by the Defendant.

2. Plaintiff’s assertion and judgment

A. The purport of the argument is that the plaintiff is obliged to pay 24% interest per annum to the defendant and lent 85,000,000 won to the defendant. The defendant asserts that he is obligated to pay the plaintiff the interest calculated by the rate of 24% per annum from January 23, 2009 to the plaintiff.

B. According to the above facts, the Plaintiff’s transfer of the leased principal to the Defendant on January 28, 2008, including the transfer of KRW 10,000,000 to the Defendant on January 22, 2009, and the transfer of KRW 85,000,000 to the Defendant on January 22, 2009. Thus, the Defendant is obligated to pay KRW 85,00,000,000, which has not been repaid to the Plaintiff, barring special circumstances.

Next, according to the above evidence and the purport of the whole pleadings, the interest claim and damages for delay are examined.

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