(영문) 대구지방법원영덕지원 2017.11.28 2017가단1399

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(영문) 대구지방법원영덕지원 2017.11.28 2017가단1399

대여금

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1. The defendant shall pay 120,000,000 won to the plaintiff and 25% per annum from November 30, 2016 to the day of complete payment.

Reasons

1. Where there is no dispute between the parties to the determination on the cause of the claim or when comprehensively taking account of the purport of the entire pleadings in the statement in subparagraph 1, the Plaintiff loaned KRW 113,400,000 (the amount after deducting interest) to the Defendant at an interest rate of 25% per annum on seven occasions from July 17, 2014 to July 6, 2015; the Defendant paid part of the principal and interest of the above loan to the Plaintiff, and the Plaintiff demanded the Defendant to prepare and deliver a loan certificate of KRW 12,00,000,000 to the Defendant. The Defendant borrowed KRW 12,20,000 from the Plaintiff on October 28, 2016 on the loan of KRW 25 million by the end of each month, and the principal shall be paid by the end of December 31, 2017 (hereinafter “the loan certificate”).

According to the above facts, the Defendant is obligated to pay the Plaintiff the interest and delay damages calculated at the rate of 25% per annum from November 30, 2016 to the date of full payment, which is the first interest payment due to the loan certificate of this case.

2. On this basis, the defendant asserts that the above borrowed money was partially repaid.

According to the statement in Eul evidence No. 1, the defendant can be found to have repaid five times from October 14, 2014 to December 17, 2015 to the plaintiff KRW 49.8 million.

However, each of the above payments was made before October 28, 2016, in which the Defendant prepared the loan certificate of this case, and it is reasonable to view that all of them were reflected in calculating KRW 120 million as stated in the loan certificate of this case.

Therefore, it is difficult to view that the above KRW 49.8 million was appropriated for the repayment of the borrowed money as stipulated in the instant loan certificate.

Ultimately, the defendant's defense of repayment is without merit.

3. The plaintiff's claim is justified and acceptable.

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