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(영문) 대구지방법원 2020.11.26 2019가단17901
대여금
Text

Defendant B shall pay 45,418,360 won to the Plaintiff and 24% per annum from June 27, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned “amount of credit” to Defendant B on June 26, 2019 from December 26, 2016 to November 12, 2018, as indicated in the “Calculation Table of Amount of Appropriation”, the Plaintiff loaned “amount of credit” to the “date of the occurrence of credit” on June 26, 2019; the rate of 25% per annum from February 7, 2018; and the rate of 24% per annum thereafter.

At the third date for pleading, the Plaintiff and the Defendants’ legal representative agreed not to dispute this recognition of the maturity and interest rate.

B. Defendant B paid the Plaintiff the “amount of reimbursement” from January 25, 2017 to June 26, 2019, as shown in the attached Form “the calculation table of appropriation amount”.

C. Around August 2019, Defendant B issued the loan certificate to the Plaintiff, and the date of preparation was November 8, 2018, “the loan certificate (hereinafter “the loan certificate”).”

In other words, the loan amount was written on August 26, 2019 as "one hundred and fifty thousand won" in Korean, "150,000,000", and the due date was written on August 26, 2019.

The joint and several sureties's name is written in the name of the defendant C, who is a dependent of the defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 5, and 8, substantial facts in this court, the purport of the whole pleadings

2. In the litigation for the implementation of the main safety defense, only the Plaintiff’s assertion that he/she has the right to demand performance is qualified as a party, and the claim is dismissed unless the right is not recognized as a result of the trial

Unless the plaintiff asserts that he has the right to receive money, the standing to be a party is recognized.

Defendant C’s defense that the lawsuit should be dismissed on the ground that it is not a joint and several surety because it did not sign the loan certificate of this case.

3. Main claim against the Defendants

A. The Plaintiff’s assertion (1) and Defendant B entered into a novation agreement with the Plaintiff to pay interest of KRW 85 million per annum from November 13, 2018.

(2) Defendant B is worth KRW 5 million on February 12, 2019;

6. 10.2 million won;

6.25.23 million won;

6.26.7 million won.

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