(영문) 전주지방법원 2015.10.29 2015나1263 | 리걸엔진

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(영문) 전주지방법원 2015.10.29 2015나1263

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. Chief;

A. On March 15, 2004, the Plaintiff paid 46,000,000 won to the Defendant on July 14, 2004, after deducting 4,000,000 won as the interest rate for each 24% per annum. By the same day, the Plaintiff paid 46,00,000 won remaining after deducting 4,00,000 won as the interest rate for four-month prior to the same day, and the Defendant issued a promissory note to the Plaintiff for the guarantee of the above loan obligation.

After that, the defendant paid 35,00,000 won on July 14, 2004 and did not pay the remainder.

Therefore, the Defendant is obligated to pay the Plaintiff the balance of the loan 15,000,000 won and damages for delay.

B. The plaintiff entered into a discount agreement with the company of this case where the defendant was in office as representative director, and received a promissory note of KRW 50,000,000 from the company of this case, and the amount of KRW 46,000,000, which is equivalent to the interest of KRW 46,000 from the face value of promissory note to the payment date, was deducted as discount charge, and deposited the remaining KRW 46,00,000 into the defendant's account. The plaintiff did not lend money to the defendant's individual. The defendant deposited KRW 35,00,000 into the plaintiff's account on July 14, 2004 in the name of this case is only one day from the intention of allowing the plaintiff to affix a discount on the bill to the plaintiff as representative director of the company of this case at the time of bill discount.

2. According to each of the evidence Nos. 1 and 2 (including the branch numbers), the plaintiff remitted 46,000,000 won to the account under the name of the defendant on March 15, 2004, and the defendant remitted 35,000,000 won to the account under the name of the plaintiff's husband's wife under the name of the defendant's wife on July 14, 2004. Thus, barring any special circumstance, the plaintiff decided to lend 50,000,000 won to the defendant, and the remaining 46,000,000 won after deducting 4,00,000 won from the pre-paid interest.

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