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(영문) 창원지방법원 2017.06.22 2016가단107694
대여금
Text

1. The defendant shall pay to the plaintiff KRW 190,00,000 and KRW 25,000 among them, 24% per annum from November 7, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On July 2, 2012, the Plaintiff lent KRW 200 million to the Defendant, and on July 4, 2012, on the first floor of the C building Nos. 101 and 123 (hereinafter “instant real property”), owned by the Defendant, the Plaintiff set up a right to collateral security of KRW 200 million with respect to the shopping districts No. 101 and 123 of the C building owned by

B. On September 3, 2012, the Plaintiff agreed with the Defendant to pay KRW 195 million in total amount of KRW 50 million on September 20, 2012, with the interest rate of KRW 1.5% per month, and the Defendant agreed to pay KRW 60 million on October 10, 2012, KRW 10 million on December 30, 2012 (hereinafter “instant agreement”).

C. Since then, the Defendant repaid each of the Plaintiff KRW 9 million on September 13, 2012, and KRW 15 million on September 20, 2012, but did not repay the remainder of the loan.

On November 15, 2012, the Plaintiff agreed to pay a total of KRW 195 million with the Defendant on the said loan. The Plaintiff agreed to pay KRW 25 million with a bill on November 6, 2012; KRW 25 million with a bill on November 15, 2012; KRW 25 million with a bill on November 15, 2012; and KRW 50 million with a bill on December 25, 2012; KRW 90 million with a bill on December 25, 2012; however, the Plaintiff agreed to pay the loan by December 25, 2012 after consultation with the due date for payment; and KRW 5 million with a bill on December 25, 2012 if the repayment is completed in good faith; the interest rate shall be 25 million with a bill on December 6, 2012; and shall be paid by 15% in cash.

(hereinafter referred to as “instant 2 Agreement”). [Grounds for recognition] : Gap evidence Nos. 1 through 9, 11, and Eul evidence No. 2 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, according to the instant agreement, the Defendant: (a) as to KRW 190,00,000 and KRW 25,000 among the Plaintiff, 24% per annum from November 7, 2012, which is the following day of the repayment, to the date of full payment; and (b) as to KRW 25,00,000 among them, 24% per annum from November 16, 2012 to the date of full payment; and (c) as to KRW 140,00,000 among them, from December 26, 2012 to the date of full payment.

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