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Reasons
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(영문) 서울중앙지방법원 2019.06.11 2018재나5130
대여금
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1. The original judgment and the first instance judgment are revoked.

2. The plaintiff (defendant)'s claim is dismissed.

3. Re-examination.

Reasons

1. Determination of the original judgment

A. On December 12, 2012, written in the name of the debtor B and the creditor of the Plaintiff, the certificate of loan (Evidence A No. 1-1; hereinafter “the certificate of loan No. 1 of this case”) states that “the debtor shall borrow KRW 30 million from the creditor and repay it until February 8, 2013. The interest shall be paid in one copy per month, and the principal ( KRW 30 million) and interest ( KRW 200,000) shall be paid in one lump sum on the date of the repayment, and if the repayment is not made in the due date, the delay damages shall be paid in 24% per annum from that time.” However, the debtor’s name and side of the debtor’s net B shall be affixed with the seal imprint affixed thereon.

B. A certificate of borrowed money issued on January 18, 2013 under the name of the debtor net B and the creditor on January 18, 2013 (certificate A No. 3-1; hereinafter “certificate of borrowed money”); “debtors shall borrow KRW 20 million from the creditor and repay it until March 18, 2013. Interest shall be paid in one copy per month; principal (20 million) and interest (200,000 won) shall be paid in a lump sum on the date of repayment; and if the repayment is not made at the maturity date, damages for delay shall be paid in 24% per annum from that time.” The certificate of personal seal impression issued on the back of the debtor’s net B’s name is affixed, and the net B shall be issued on December 28, 2012.

C. The Plaintiff filed a claim against the net B for a loan based on the loan certificate Nos. 1 and 2 of the instant case, and the judgment was rendered that “The net B shall pay to the Plaintiff 12% per annum from December 12, 2012 to February 8, 2013; 24% per annum from the next day to the date of complete payment; 20 million won per annum from January 18, 2013 to March 18, 2013; and 24% per annum from the next day to the date of complete payment.”

(Seoul Central District Court Decision 2013Da261707 Decided July 23, 2014, and the first instance court of the judgment subject to a retrial (Seoul Central District Court Decision 2013Da261707).

The net B appealed against the judgment of the first instance.

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