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Reasons
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(영문) 대전지방법원 천안지원 2017.04.25 2015가단11973
대여금 등
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1. Defendant A’s interest in KRW 26,874,812 and KRW 25,00,000 among the Plaintiff, from July 15, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On January 14, 2004, the Plaintiff entered into a loan transaction agreement with Defendant A, setting the lending limit of KRW 25,000,000, the lending period from January 14, 2004 to January 14, 2006, the fluctuation rate of KRW 11% per annum, and the delay rate of KRW 18% per annum.

(B) The loan agreement of this case is the way for Defendant A to use money from time to time within the loan limit. (hereinafter “the loan agreement of this case”).

Defendant B guaranteed the principal and interest obligation of Defendant A to the Plaintiff on the same day.

C. The instant loan agreement has been extended several times, and Defendant A lost the benefit of time due to delinquency in interest on January 31, 2015, and as of July 14, 2015, the principal amount of the instant loan as of July 14, 2015 is KRW 25,000,000, unpaid interest, and unpaid interest rate of KRW 1,874,812 in total.

Meanwhile, around January 14, 2006, the Plaintiff agreed to extend the term of the loan agreement of this case from Defendant B to January 14, 2008. Around January 14, 2008, the Plaintiff agreed to extend the term of the loan agreement of this case by January 14, 2010, but did not obtain consent to the extension of the term thereafter.

[Based on the recognition] Defendant A: The absence of dispute, Gap evidence Nos. 1 through 3, and 6 (including one number without any separate indication; hereinafter the same shall apply), Gap evidence Nos. 1 through 3, and 5, and evidence Nos. 6-2 through 14, and the purport of the whole pleadings [No. 1 (a loan transaction agreement)] does not dispute each part of the defendant A's seal impression, the name pen of the defendant B, and the evidence No. 3-1 (a new loan application), and No. 6-1 (a loan extension application) do not dispute each part of the defendant A's seal; Gap evidence No. 5-1 (a loan extension application); Gap evidence No. 5-2 (a new document modification agreement); and Gap evidence No. 6-2 (the name pen part of defendant B's name pen part of the modification agreement) are presumed to have been established due to the lack of dispute.

Defendant A is his own interest.

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