대여금
1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
1. Temporary amount of the basic fact-finding No. 100,000,000 on November 23, 2006 and February 23, 2007, February 27, 2007, Feb. 27, 2007, 50,000,000 on April 3, 2007, June 11, 2007, 200,000 on September 4, 2007, December 50, 200,000 on September 4, 2007, December 12, 2007, 200,000,000,000 on April 12, 2008.
The Plaintiff lent a total of KRW 250 million to the Defendant from November 23, 2006 to December 12, 2007 as follows.
(hereinafter “instant loan”). (b)
The Defendant paid totaling KRW 263,714,937 to the Plaintiff from July 25, 2007 to September 22, 2017, as shown in attached Table 1, for repayment of the instant loan.
C. The Defendant, while running credit business with D, E, and F (Plaintiff’s fraud), arranged the partnership relationship around November 2007.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 14 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 4, 7, 9, 13, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff the loan of this case and damages for delay at the statutory rate after the respective due date for payment.
(B) The Plaintiff asserted that the Defendant loaned the instant loan to the Defendant at 3% per month, and that even if the Defendant appropriated the amount repaid to the Plaintiff to the interest and principal, the principal and interest are still unpaid. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff agreed to the interest on the instant loan at 3% per month between the Plaintiff and the Defendant, and there is no other evidence to acknowledge this otherwise).
As seen earlier, from July 25, 2007 to September 22, 2017, the Plaintiff received a total of KRW 263,714,937 as shown in the attached Table 1 in the name of repayment with respect to the instant loan from the Defendant. As such, it shall be appropriated for the principal and interest of the instant loan in the order of statutory appropriation for performance as set forth in Article 479 of the Civil Act, in the order of appropriation for performance as well as in the order of the principal and interest.
Detailed statement and amount of satisfaction of obligation.