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Reasons
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(영문) 서울북부지방법원 2017.12.19 2017가단104689
약정금
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1. The Defendant’s KRW 16,00,000 as well as 5% per annum from February 21, 2017 to December 19, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around December 24, 2015, the Defendant received KRW 110,00,00 from the Plaintiff, and issued a certificate of loan (hereinafter “instant primary loan certificate”) stating that “10,000,000 won was borrowed on December 24, 2015 and regularly borrowed until January 25, 2016” to the Plaintiff. B. Around March 22, 2016, the Defendant promised to pay the Plaintiff the full amount of the rent by April 11, 2016 (hereinafter “written extension”). Around May 16, 2016, the Defendant issued to the Plaintiff a letter of extension stating “10,000,000 won for the loan” (hereinafter “written extension”). Around May 16, 2016, the Defendant issued to the Plaintiff with the loan certificate “10,000,0000 won as the loan certificate”).

From May 31, 2016 to July 28, 2016, the Defendant repaid the Plaintiff KRW 100,000,000 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Around December 24, 2015, the Plaintiff asserted that the Defendant borrowed KRW 110,000,000 from the Plaintiff, and agreed to purchase and dispose of the said bamboo with the said money, and pay KRW 110,000,000 to the Plaintiff the principal amount and KRW 10,000,000 until January 25, 2016, and thereafter, repaid KRW 10,00,000.

In addition, the defendant agreed to pay 6,00,000 won as interest to the plaintiff at the time of the formation of the written rejection of the extension of this case, which is agreed to pay 23% interest per annum to the plaintiff.

Therefore, if the Defendant’s repayment of KRW 100,000,000 paid to the Defendant to the principal with interest and principal, the loan amount of KRW 31,964,410 on July 28, 2016 remains.

Therefore, the defendant is obliged to pay to the plaintiff the above 31,964,410 won and the agreed interest or delay damages by 23% per annum.

3. Determination

A. According to the above facts, around December 24, 2015, the Defendant borrowed KRW 110,000,000 from the Plaintiff (hereinafter “the instant loan”), and around March 22, 2016, the Plaintiff was paid KRW 6,00,000 as interest until April 11, 2016.

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