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Reasons
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(영문) 전주지방법원정읍지원 2019.05.01 2018가합188
대여금
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1. The defendant shall pay 400,000,000 won to the plaintiff and 15% per annum from January 8, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 19, 2015, the Plaintiff lent KRW 344,00,000 in total to the Defendant on September 17, 2015, KRW 90,000,000, and KRW 97,000 in November 13, 2015, KRW 15,000 in March 17, 2016, KRW 20,000 in total, and KRW 22,000,000 in June 3, 2016, and KRW 344,000 in total.

B. On January 28, 2017, the Defendant: (a) paid the Plaintiff KRW 360,000,000 per month as interest on the loan specified in the preceding paragraph; and (b) paid KRW 4,00,000 per month as interest; and (c) issued and delivered a certificate of borrowing that the Plaintiff would repay the principal amount of KRW 360,000,000 until January 28, 2022.

(hereinafter referred to as “the primary rent of this case”) C.

On March 28, 2018, the Defendant issued and delivered a certificate of borrowing that the Plaintiff will borrow the principal of KRW 40,000,000 in addition to the Plaintiff, and that the Plaintiff will pay the interest and principal of KRW 5,60,000 each month until November 30, 2018.

(hereinafter referred to as “the second rent in this case”). / [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence Nos. 1 and 2 (including provisional number), and the purport of the whole pleadings.

2. According to the facts of the above recognition, although the defendant paid 360,000,000 won in total for the first and second loans of this case to the plaintiff, the payment period of 360,000,000 won for the first and second loans of this case was set on January 28, 2022, it is difficult for the plaintiff to expect voluntary performance of the defendant, such as that the defendant did not pay the principal or interest for the first and second loans of this case to the plaintiff at all, so it is difficult for the plaintiff to expect voluntary performance of 360,000 won for the first and second loans of this case.

(360,000,000 won) and damages for delay calculated by the rate of 15% per annum from January 8, 2019 to the date of full payment following the delivery of the complaint of this case, as sought by the plaintiff.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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