대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
In full view of the entries in Gap evidence No. 1 and the purport of the entire pleadings, it is recognized that the plaintiff lent a total of KRW 2,624,100,000 to the defendant from September 17, 2007 to March 8, 2009 as shown in the attached Form. Thus, the defendant is obligated to pay to the plaintiff the remaining loans of KRW 294,570,000 less the total of KRW 2,329,530,000, from October 6, 2007 to July 15, 2010, the plaintiff was paid from the defendant as stated in the attached Form, and the delay damages therefrom.
The Plaintiff shall seek damages for delay calculated by the rate of 24% per annum from July 16, 2010 to the date of full payment with respect to the above loan 294,570,000 won, which is the interest rate of 24% per annum from July 16, 2010.
In civil litigation, the proof of facts is not a natural scientific proof that is not a suspicion of prosecution, but a high probability that there was a fact by comprehensively examining all evidence in light of the empirical rule, unless there are special circumstances, and the judgment needs to be such a degree as not to be doubtful if it is ordinary.
(1) The Plaintiff and the Defendant stated that the Plaintiff and the Defendant agreed to pay interest for a long period of continuous trade as above. In light of the aforementioned evidence, each of the above evidence alone is insufficient to recognize the specific rate of each of the above loans and the agreement on the repayment period, and there is no other evidence to acknowledge the agreement on the repayment period. However, the above evidence alone is insufficient to acknowledge the specific rate of each of the above loans and the agreement on the payment period, and there is no other evidence to prove otherwise.
Therefore, the defendant is against the plaintiff.