(영문) 광주지방법원 순천지원 2018.11.08 2017가단9873

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(영문) 광주지방법원 순천지원 2018.11.08 2017가단9873

대여금

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1. The Defendant shall pay to the Plaintiff KRW 43,00,000 and the interest rate of KRW 15% per annum from December 15, 2017 to the date of full payment.

Reasons

According to the purport of Gap evidence Nos. 1 and 4 as a whole and all pleadings, it is recognized that the plaintiff respectively lent to the defendant the amount of KRW 10 million on October 23, 2014, and KRW 60 million on November 17, 2014. Thus, the defendant shall pay to the plaintiff the amount of KRW 43 million, excluding KRW 27 million, excluding the amount of KRW 70 million paid by the plaintiff out of the total amount of the above loans, and delay damages therefor.

The defendant asserts that the plaintiff lent the above 70 million won to C.

However, as revealed in full view of the above evidence, Gap evidence Nos. 2 and the purport of the entire pleadings, it is reasonable to view that the party to the monetary loan contract of this case as the defendant, considering the following factors: (a) the plaintiff directly paid the above loan, such as transferring the loan of KRW 10 million among the loan of this case to Eul's account; (b) the defendant endorsed and delivered a promissory note issued by Eul to the plaintiff; and (c) the defendant paid KRW 700,000 per month to the plaintiff through the above D's account as interest on the loan of this case; and (d) the defendant asserted that the loan of this case was repaid separately from the plaintiff at the first legal date for pleading, but the defendant failed to submit supporting evidence, it is reasonable to deem that the party to the monetary loan of this case is the defendant; and (c) the evidence submitted by the defendant, including the evidence Nos. 3 and 5, cannot be recognized otherwise.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from December 15, 2017 to the day of full payment, which is the day following the day when a copy of the instant complaint was served on the Defendant.

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

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