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(영문) 대구지방법원 2020.11.04 2020나2432
대여금
Text

The judgment of the first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 200,000,000 as well as on November 1, 2019.

Reasons

1. The defendant appealed only for the loan 200 million won and the claim for damages for delay in the part of the claim for damages for delay in which the plaintiff obtained a favorable judgment at the court of first instance. The subject of the judgment at this court is limited to the claim for damages for delay.

2. Facts of recognition;

A. On December 31, 2012, upon the Defendant’s request, the Plaintiff loaned the above money to the Defendant by taking out a loan of KRW 300 million from the E Union’s land and D land owned by the Plaintiff as collateral, and the Defendant paid interest on the said loan.

B. Around August 2013, the Defendant repaid KRW 100 million out of the above loans, and was in arrears from around 2017 to several times in paying interest on the above loans.

C. Accordingly, around May 2017, the Plaintiff received a notice from the E Union of expected loss of interest due to the unpaid portion of interest and demanded the Defendant to repay the above loan at around that time, but the Defendant did not comply with this.

After that, the plaintiff did not pay the above loan to the defendant, and the maturity of the loan has been extended every year.

On October 28, 2019, the Defendant transferred KRW 1,076,223 to the Plaintiff as the interest on the loan, and did not pay the interest on the loan from the date of remittance.

[Reasons for Recognition: Facts without dispute, Gap6 evidence, Eul evidence, Eul evidence 1, Eul evidence 5, the purport of the whole pleadings]

3. Determination on the cause of the claim

A. According to the above facts, it is reasonable to view that the Plaintiff and the Defendant obtained a loan of KRW 300 million from an E association as collateral and lent it to the Defendant without fixing the due date, and the Defendant entered into a monetary loan contract with the content that the Defendant would pay interest on the above loan. On May 2017, the Plaintiff demanded the Defendant to pay the remaining loan of KRW 200 million, and the Plaintiff’s repayment period has arrived at the time when the considerable period expires.

Therefore, the defendant.

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