(영문) 광주지방법원순천지원 2019.04.18 2017가단11395

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(영문) 광주지방법원순천지원 2019.04.18 2017가단11395

대여금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 39,00,000 and the interest rate of KRW 15% per annum from November 8, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. In operating a fish farm, the Plaintiff borrowed money from the Defendant several times from around 2001, and used credit cards in the name of the Defendant.

Creditors: The date of borrowing the Plaintiff on March 18, 2009: The due date for borrowing KRW 200 million: Provided, That even before the due date, the due date shall be December 30, 2009: Provided, That even before the due date, the due date shall be the due date immediately after the receipt of the E-fishing ground facilities and the business compensation compensation.

No interest: If the debtor delays the repayment of the principal, damages for delay shall be paid to the creditor at the rate of one million won per the end of each month until the above compensation is paid.

B. On March 18, 2009, the Defendant prepared and ordered to the Plaintiff a loan certificate stating that “the KRW 200 million is repaid until December 30, 2009, and the additional KRW 30 million is transferred to March 19, 2009” (hereinafter “the instant loan certificate”).

In addition, on April 15, 2009, the Plaintiff and the Defendant drafted a notarial deed of a monetary loan agreement with the following contents as the Cjoint Law Office No. 940 of 2009.

C. Around April 2015, the Defendant prepared a loan certificate stating that “interest 15 million won on the part of the Plaintiff’s investment shall be paid to the Plaintiff by December 30, 2015” (hereinafter “the second loan certificate”) to the Plaintiff.

Then, on December 30, 2016, the Defendant prepared a letter of loan stating that “The amount of KRW 40 million shall be repaid by March 30, 2017 with interest and unpaid credit card fees of KRW 200 million from March 18, 2009,” and on April 15, 2017, “the amount of KRW 240 million from March 18, 2009 and unpaid credit card fees shall be repaid by June 30, 2017,” stating that “the Defendant shall pay KRW 240 million to the Plaintiff by June 30, 2017,” and “the amount of KRW 224 million shall be paid by the Defendant to the Plaintiff on October 24, 2017,” and thus, the Defendant shall be paid KRW 400,000,000,000 to the Plaintiff.”

‘A letter of confirmation' has been drawn up and issued.

[Ground of recognition] dispute.

유사 판례

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