대여금
1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 24% per annum from June 16, 2014 to the day of full payment.
1. The allegations and issues of the parties
A. The Plaintiff asserts that, on October 15, 2013, the Plaintiff lent KRW 50 million to the Defendant at an annual interest rate of 24%.
The defendant, who received KRW 41 million from the plaintiff, asserts that the plaintiff was to use it as investment money or as the defendant's business fund.
B. Therefore, the issue of the instant case is the money paid by the Plaintiff, and is what is its nature.
2. Comprehensively taking account of the facts and circumstances below, it is reasonable to determine that the Plaintiff lent KRW 50 million to the Defendant at an annual interest rate of 24%.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings
A. The Plaintiff and the Defendant do not assert and prove that they were aware of about one year prior to the date of the said monetary transaction and that they had more special relations.
In such a situation, it is reasonable that the Plaintiff grants the Defendant KRW 50 million or KRW 41 million without any condition as business funds, and there is no explanation as to the circumstances in which the Plaintiff would pay the Defendant as business funds. Therefore, the above assertion by the Defendant is not acceptable.
In addition, the defendant asserts that it is investment money, but there is no explanation about the terms and conditions or contents of investment.
On the other hand, the plaintiff's assertion that the plaintiff's claim that the plaintiff paid interest upon the defendant's request is a situation that would normally occur.
B. From the Plaintiff’s account on October 15, 2013, KRW 41 million was withdrawn on a check, and KRW 50 million in cash.
On the same day, 41 million won and 3.7 million won in cash were deposited in the defendant's account.
On the other hand, the defendant asserts that the defendant lent 41 million won in cash to the bank as requested, and that he deposited 3.7 million won in cash deposited in the defendant's account, along with the above check.