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(영문) 대전지방법원 2019.01.09 2018가합104614
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 34,00,000 and the interest rate of KRW 15% per annum from June 5, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The defendant is the plaintiff's Chok.

B. On March 26, 2014, the Plaintiff delivered KRW 400 million to the Defendant. Around March 18, 2017, the Plaintiff prepared a loan certificate with the Defendant as follows:

(hereinafter “instant agreement”). On March 26, 2014, the monthly interest was paid in KRW 400 million, and the principal was repaid in KRW 20 million, and from April 2017, the principal amount was paid in KRW 200,000,000 without interest.

Provided, That the principal shall be repaid as soon as possible.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In light of the following circumstances, which are acknowledged in full view of the purport of the entire arguments in the evidence as seen earlier, namely, the Defendant himself, from January 2016 to March 2017, stated that the Plaintiff paid KRW 140 million per month as interest to KRW 400 million or KRW 1.5 million per month, and around July 2016, the said loan certificate was written as principal repayment, and there is no evidence to deem that the said loan certificate was written against the Defendant’s will, it is reasonable to deem that the instant agreement as a loan granted by the Plaintiff to the Defendant constitutes an agreement on the repayment of loans, not an agreement on the repayment of loans.

B. Therefore, pursuant to the instant agreement, the Defendant is liable to the Plaintiff for the payment of KRW 34 million, excluding KRW 46 million, the Plaintiff, who was the person who was the person to whom the Plaintiff received reimbursement from the Defendant and was appropriated for the principal (i.e., KRW 380 million - KRW 46 million), and for this, there was no fixed period from June 5, 2018, which was clearly recorded as the day following the date of service of the original copy of the instant payment order, and thus, the Defendant is liable for delay from the day following the date of receipt of the request for performance.

C. It is obligated to pay 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until the date of full payment.

3. If so, the plaintiff's claim is reasonable.

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