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(영문) 광주지방법원 순천지원 2017.01.18 2016가단1377
대여금
Text

1. As to the Plaintiff KRW 50,000,000 and KRW 20,00,000 among them, the Defendant shall pay to the Plaintiff KRW 15,00,000.

Reasons

1. 사실관계 [인정근거] 갑 1∽9호증의 각 기재, 증인 C, D의 각 증언, 변론 전체의 취지 피고는 원고에게 2007. 1. 15. 이전의 대여원리금 정산 명목으로 대여금 2,000만 원, 이자 월 20%로 된 차용증(갑1)을 작성하여 주었다.

The Plaintiff subscribed to the 11,500,000 foot mold (Organization of December 25, 2006) of Gyeyang for the Defendant, and received and delivered the fraternity on April 25, 2007 to the Defendant, but the Defendant did not pay 620,000 won per month of the deposit amount to the Plaintiff or the Plaintiff.

On July 10, 2007, the defendant drawn up a loan certificate of KRW 15 million and interest rate of KRW 20% (A2) with the plaintiff on July 10, 2007.

The plaintiff joined the bid price of 11 million won foot (Organization of November 5, 2007) of Gyeyang C on behalf of the defendant, and received and delivered the fraternity on January 5, 2008 to the defendant, but the defendant did not pay to the plaintiff or the owner of the fraternity a sum of KRW 600,000 per month.

On June 1, 2008, the defendant drawn up a loan certificate of KRW 15 million and interest KRW 20% per month to the plaintiff (A 3).

2. As long as the authenticity of a disposition document related to the printing-related legal doctrine is recognized, the court shall recognize the existence and content of the declaration of intent as stated in the content, unless there is any clear and acceptable counter-proof to deny the content of the statement.

(2) The Defendant is obligated to pay to the Plaintiff the interest of KRW 25% per annum from January 16, 2007 to June 2, 2008, as to KRW 50 million and KRW 20,000,00,000 among the loans granted by the Plaintiff on each loan certificate (see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). According to the facts acknowledged as above, the Defendant is obligated to pay to the Plaintiff interest of KRW 25% per annum from June 2, 2008 to the day of full payment.

As to this, the defendant prepared a loan certificate as of July 10, 2007 and the loan certificate as of June 1, 2008 on the loan certificate as of January 15, 2007, which was not repaid, and as of June 1, 2008, the defendant as of June 1, 2008.

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