대여금
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. Basic facts
A. On July 1, 2005, the Plaintiff lent KRW 10,000,00 to the Defendant.
The following contents are stated in the certificate of loan drawn up at the time:
Period of redemption: Interest from July 2005 to July 2006: Two copies (monthly)
B. On January 4, 2006, the Plaintiff lent KRW 5,500,00 to the Defendant.
(hereinafter referred to as “each of the instant loans”). The loan certificate drawn up at the time includes the following:
Period of redemption: Interest no longer from January 4, 2006 to January 4, 2007:
C. On March 19, 2008, the Plaintiff filed an application for provisional attachment of real estate amounting to KRW 15,500,000 with respect to the claim amount as to the 1/2 equity interest (hereinafter “instant land”) out of the land owned by the Defendant as the Daegu District Court, Kimcheon-si, Seoul District Court 2008Kadan264 (hereinafter “instant land”). The said court accepted the application for provisional attachment on March 20, 2008 and decided provisional attachment as to the instant land.
The Defendant sold the instant land to D on April 23, 2009, and completed the registration of ownership transfer on April 24, 2009 with respect to the instant land.
E. Meanwhile, on December 11, 2017, D paid KRW 15,500,000 to the Plaintiff as the repayment of each of the instant loans.
On December 12, 2017, the Plaintiff submitted an application for withdrawal and cancellation of enforcement of the instant provisional attachment application to the Daegu District Court Kimcheon-si, Kimcheon-si, Seoul District Court. On December 21, 2017, the instant provisional attachment registration was revoked.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. After the Plaintiff’s assertion, the Plaintiff received KRW 15,500,000 from D, the assignee of the land of this case, and ordered the provisional attachment of this case.
However, the above money does not extend to the interest and damages for delay on July 1, 2005 of this case.