대여금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. In the first instance trial, the Plaintiff filed a claim against the Defendant for the payment of the loan amounting to KRW 57 million ( KRW 10 million, KRW 30 million, KRW 17 million, and KRW 17 million) and damages for delay at the respective agreed rate from December 1, 2013. The court of first instance accepted the part of the “claim for the payment of the loan amounting to KRW 40 million ( KRW 10 million, KRW 30 million),” and the part of the “claim for the payment of damages for delay from June 28, 2015,” and dismissed the remainder of the claim.
Therefore, the subject of this Court’s adjudication is limited to “a claim for a loan of KRW 40 million and damages for delay from June 28, 2015,” cited in the first instance trial.
2. Basic facts
A. On June 30, 201, the Defendant: (a) prepared and delivered each of the loan certificates stating that the Plaintiff borrowed KRW 10 million from the Plaintiff; and (b) borrowed KRW 30 million from the Plaintiff on November 30, 201, respectively (hereinafter “each of the instant loan certificates”).
B. The Plaintiff issued and withdrawn each one of the cashier’s checks of KRW 10,000 won on September 30, 201, ② 10,000 won cashier’s checks of KRW 1,00,000 on April 28, 201, ③ 1,000 won cashier’s checks of KRW 1,00,00 won on May 18, 201, ③ 4,000 won cashier’s checks of KRW 10,000,00 won, ④ 10,000 won cashier’s checks of KRW 10,00 won, ④ on May 31, 2012.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 3 (including branch numbers), the purport of the whole pleadings
3. The parties' assertion
A. On September 30, 2010, the Plaintiff determined and lent KRW 30 million to the Defendant on September 30, 201, and KRW 10 million on April 28, 201 to the Defendant at 1% of each interest month.
The Defendant, while again lending the above money to C, was directly paid interest from C on the ground that C would pay the interest to the Plaintiff. However, this is only the relationship between the Defendant and C, and the other party that the Plaintiff lent the money. Thus, the Defendant is the Plaintiff’s above loan and its interest.