대여금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. As long as the formation of a disposition document as to the cause of the claim is recognized to be genuine, the court shall recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.
(See Supreme Court Decision 2017Da235647 Decided July 12, 2018 (see, e.g., Supreme Court Decision 2017Da235647). According to each description of the evidence No. 1 and No. 2 of the evidence No. 1 (a certificate of acceptance (a certificate of acceptance) recognized by the purport of the entire pleadings, and the Defendant does not dispute the establishment of the said certificate only with the Plaintiff) that the Plaintiff lent each of the loans to the Defendant (hereinafter referred to as “the instant money”) on January 29, 2016. < Amended by Act No. 14330, Feb. 7, 2016>
Therefore, the Defendant is obligated to pay to the Plaintiff 40 million won in total as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 8, 2016 to March 13, 2018, the delivery date of a copy of the complaint of this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Judgment on the defendant's assertion
A. The Defendant asserted that: (a) purchased the land in Ulsan-gun C (hereinafter “instant land”) in the name of the Plaintiff; (b) newly constructed and sold the instant land on the ground with the money loaned as security; and (c) fully repaid the said loan with the sale price.
The instant money is part of the money borrowed from the instant land as collateral, and the Defendant paid the said money to D who constructed a new building on the ground of the said land, respectively, under the name of construction contract and construction cost.
Since the actual owner of the land of this case is the defendant, the money of this case is not a loan, and thereafter, the land of this case and a new building constructed on the land of this case shall be sold and sold as a security.