(영문) 부산지방법원 2015.06.19 2014나11236

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(영문) 부산지방법원 2015.06.19 2014나11236

대여금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. From around 2007, the Plaintiff joined as a member of the successful bid awarded by the Defendant, and lent money to the Defendant several times, and around January 23, 2009, the above loans amounted to KRW 20 million.

B. On January 23, 2009, the Plaintiff received a cash custody certificate (hereinafter “the cash custody certificate of this case”) stating the following: (a) the Plaintiff was in custody of the aforementioned amount; and (b) the interest was issued by the Defendant: (c) the cash custody certificate of this case.

C. From January 23, 2009 to July 1, 2013, the amount that the Plaintiff remitted to the Defendant is KRW 36,034,060 [the sum of the amount in the evidence No. 10 (transaction performance table], and the amount remitted to the double payment deposit shall be KRW 18,084,060 [the sum of the amount indicated as the Plaintiff’s deposit in the evidence No. 10 (Transaction No. 10)]. The difference between the total remittance amount after deducting the deposit amount from the total remittance amount is KRW 17,950,00 (36,034,060 - KRW 18,084,060].

[Ground of recognition] Facts without dispute, Gap 1, 2, 10 evidence, Eul 1 (including additional number), the purport of the whole pleadings

2. The Plaintiff and the Defendant drafted the cash custody certificate of this case on January 23, 2009 and agreed to receive interest calculated at the rate of 24% per annum for the Plaintiff’s 20 million won and the Defendant’s 20 million won (hereinafter “the instant loan loan”). In light of the fact that there is no separate loan certificate or remittance statement about the loan, and the contents of the cash custody certificate of this case, there is no dispute between the parties, and the Plaintiff appears to have been paid 5.2 million won (2 million won x 0.24 x 13/12) interest on the loan of this case from the Defendant.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 24% per annum from February 24, 2010 to the day of full payment.

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