대여금
1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.
The defendant shall make the plaintiff 14,500.
1. Determination as to the cause of claim
A. 1) The Plaintiff lent a total of KRW 14,500,000 to the Defendant on August 25, 2010, KRW 5,000,000, and KRW 5,000 on August 30, 2010, and KRW 14,500,000 on September 6, 2010, by means of credit transfer from the Plaintiff or the Plaintiff’s husband C’s husband’s passbook with D’s passbook. 2) The Plaintiff reached the Defendant on April 17, 2015, a duplicate of the instant complaint containing a notice to repay the loan.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings
B. According to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff 14,500,000 won and damages for delay at each rate of 5% per annum as stipulated in the Civil Act from April 18, 2015, which is the day following the day on which the defendant received the claim for performance of the obligation to pay to the plaintiff, until August 25, 2017, which is deemed reasonable for the defendant to dispute over the existence and scope of the obligation to pay for the obligation to pay to the plaintiff, unless there are special circumstances.
2. Judgment on the defendant's defense of payment
A. The Defendant’s defense: (a) repaid the Plaintiff KRW 5,00,000 (hereinafter “claim”) on February 28, 201; (b) repaid the Plaintiff KRW 2,00,000 on June 18, 2012 (hereinafter “B’s assertion”); and (c) the remainder of KRW 7,50,000,00 on behalf of the Plaintiff that the Plaintiff received a credit card loan from the Bar Card Company; and (b) repaid the Plaintiff in the form of full payment on behalf of the Defendant.
(hereinafter referred to as “third argument”) and defenses are set up.
B. According to the reasoning of the judgment on the assertion No. 11, according to the evidence No. 1, the fact that KRW 6,000,000 was transferred from the Defendant’s D’s account to the Plaintiff’s account on February 28, 2011 is recognized.
However, according to the purport of Gap evidence No. 2 and all pleadings, the plaintiff transferred KRW 4,00,000 on February 17, 201 to defendant Eul's account and additionally lent it to the defendant Eul's account. On February 20, 2011, the plaintiff transferred it to defendant Eul's account. 2,000.