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Reasons
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(영문) 전주지방법원 2017.07.19 2015가단15049
대여금
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1. The Plaintiff:

A. Defendant B shall complete the payment of KRW 22,230,182 and KRW 22,108,97 among them from May 12, 2010.

Reasons

1. Facts of recognition;

A. On June 26, 2009, the Plaintiff, the Defendants, and E drafted a notarial deed of a monetary loan agreement for security for collateral transfer (Evidence A; hereinafter “notarial deed of this case”) stating that “The Plaintiff, on June 16, 2009, lent 60 million won to Defendant B on July 15, 2009, the due date for payment was set at 30% per annum, interest and delay damages, and Defendant B transferred the right to return the lease deposit to Ha Young-young Co., Ltd. for the performance of the above loan obligation, and Defendant C, D and E shall jointly and severally guarantee the above loan obligation.”

B. The Plaintiff remitted the total of KRW 30 million to Defendant B’s deposit account on June 19, 2009, KRW 12 million on June 23, 2009, KRW 5 million on June 24, 2009, KRW 30 million on June 24, 2009, and KRW 5 million on June 26, 2009.

The amount of repayment on July 29, 200, 300,000 on October 9, 2009; 3.50,000 on October 27, 209; 4.20,000 on November 12, 2009; 50,000 on November 23, 200 on May 20, 200 on December 23, 2009; 30,00 on December 30, 207, 200 on December 30, 2005, 17, 200 on December 30, 207, 200 on December 30, 200, 200 on December 30, 2005; 30,00 on December 30, 200, 2008; 9.

C. Defendant B repaid to the Plaintiff totaling KRW 8,277,930 from July 29, 2009 to May 11, 2010 as indicated in the following table.

In April 2010, the Plaintiff transferred the loan claim against Defendant B to G, but acquired the above claim from G on June 21, 201, and notified Defendant B of the transfer of the claim on September 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 13-1, 2, Eul evidence 4 and 14, Eul evidence 6-1, and the purport of the whole pleadings

2. On June 16, 2009, the Plaintiff asserted that the Plaintiff lent KRW 60 million to Defendant B at the maturity of July 15, 2009, interest rate of KRW 30% per annum, and delay damages at 30% per annum. Defendant C and D jointly guaranteed Defendant B’s obligation to borrow loans.

Interest shall be paid or the amount repaid by Defendant B.

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