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Reasons
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(영문) 대구지방법원 2014.11.14 2014가단30473
대여금
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1. As to KRW 84,487,669 and KRW 50,00,00 among the above money, the Defendant shall pay to the Plaintiff KRW 84,487,669, and KRW 50,000 from April 29, 2014 to July 7, 2014.

Reasons

1. Facts of recognition;

A. On May 23, 2013, the Plaintiff loaned 200 million won interest to the Defendant at 7% per annum, the monthly interest at 1,166,600 won, and the due date on December 30, 2013.

B. On February 17, 2014, the Plaintiff leased KRW 25 million to the Defendant on the last day of the same month at the maturity of the payment period.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 7% per annum from April 29, 2014, the delivery date of a copy of the complaint of this case, to July 7, 2014, calculated by the rate of 9,487,669 won, which the Plaintiff seeks from May 23, 2013 to April 28, 2014, among the loans extended by the Plaintiff on May 23, 2013, and interest and delay damages claimed by the Plaintiff from May 23, 2013 to April 28, 2014.

In addition, the Defendant is obligated to pay to the Plaintiff KRW 25 million as of February 17, 2014 and damages for delay calculated at the rate of 20% per annum from July 8, 2014 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff, from the day of complete payment.

B. As to this, the Defendant alleged to the effect that the Plaintiff could not respond to the Plaintiff’s loan claim because the construction portion agreed with the Defendant was not in progress prior to the Plaintiff’s claim for the repayment of loan, but there is no evidence to acknowledge the facts as alleged by the Defendant

The defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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