대여금
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.
1. On December 15, 2015, the Plaintiff asserted that the Plaintiff leased KRW 27 million to the Defendant on a monthly basis, setting the interest rate of KRW 2.5% per month and the due date for payment as KRW 1 month.
However, since the defendant does not pay the above loan to the plaintiff up to the present day, the plaintiff sought payment of the above 27 million won to the defendant as well as the agreed damages for delay.
In this regard, the Defendant heard that the Plaintiff’s mother and/or non-contribute C’s business was uncontributed and took priority over 27 million won due to the value of the bond issued, etc. from C, the Defendant asserts to the effect that the Plaintiff’s claim is unjustifiable on the ground that: (a) the Plaintiff’s mother and/or non-contribute C borrowed KRW 10.8 million on the day of the performance of the bond issued; and (b) the Defendant additionally paid KRW 10.8 million on April 16, 2016 to C; (c) however, it did not borrow money from the Plaintiff.
2. The Plaintiff and C have a mother-child relationship, and C has a non-speeded fact, and C has testified that the witness of the first instance court introduced C to the Defendant. Upon C’s request on December 15, 2015, the Plaintiff transferred a total of KRW 27 million to E’s bank account of the Co., Ltd. which is a director as the representative director (= KRW 10 million) to the Defendant’s bank account (= KRW 10 million). On the same day, the Defendant collected a total of KRW 10.8 million from E’s bank account of the Co., Ltd. (= KRW 2.8 million KRW KRW 3 million KRW), KRW 4 million, KRW 9 million, KRW 1 million, KRW 7 million, KRW 7 million, KRW 7000, KRW 7000, KRW 1 million, KRW 7000, KRW 1,7000, KRW 1,7000, KRW 700, KRW 1,7000, KRW 178).