(영문) 서울북부지방법원 2016.05.03 2015나6621

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(영문) 서울북부지방법원 2016.05.03 2015나6621

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant asked the Plaintiff to discount a promissory note with a face value of KRW 30 million issued by C at the interest rate of KRW 30 million per month. The Plaintiff received the said promissory note at the interest rate of 3% per month from a third party and paid the said discount to the Defendant.

B. Since then, the Defendant did not pay the said Promissory Notes on behalf of the Plaintiff on the date of payment of the said Promissory Notes, and accordingly, the Defendant paid 33 million won, which is equivalent to the principal and interest of the said Promissory Notes, to the Plaintiff. Around January 31, 201, the Plaintiff issued and delivered the Promissory Notes (hereinafter “instant Promissory Notes”) as of April 30, 201, with face value 33 million won, and due date.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the remainder of 33 million won calculated by deducting 2 million won, which the Plaintiff was paid by the Defendant, from the amount that the Defendant agreed to pay to the Plaintiff, and the damages for delay at the rate of 20% per annum from March 10, 2015 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment.

In regard to this, the defendant alleged to the effect that he fully repaid the amount of KRW 33 million equivalent to the face value of the Promissory Notes, but it is not sufficient to recognize that the defendant paid the amount exceeding 2 million won as the plaintiff's person. Since there is no other evidence to acknowledge this differently, the above assertion by the defendant is without merit.

3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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