대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged in light of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 13, Gap evidence No. 15, Gap evidence No. 16, Eul evidence No. 1 through 3 (including various numbers; hereinafter the same shall apply) and the whole purport of the pleadings, and there is no counter-proof.
The Plaintiff and the Defendant are the parties, and the Plaintiff lent to the Defendant each amount indicated in the “loan” column on each date indicated in the “Date of Lending” column of the attached Table of Appropriation for Performance.
B. As of June 11, 1997, the amount of KRW 10 million was transferred from the non-party joint financial company (hereinafter referred to as "balchip money") to the husband C account of the defendant.
C. As of February 20, 2002, the Plaintiff transferred 10,300,000 won to the said C’s account.
The Defendant remitted each amount indicated in the “payment” column in the “Date of Performance” column in the attached Table of Appropriation for Performance to the Plaintiff on each day.
(Provided, That the amount of repayment on October 20, 200 shall be deemed to be KRW 855,00,000; however, the defendant asserts only KRW 850,00,00, which shall be subject thereto). 2. The parties' assertion
A. The Plaintiff asserts as follows as the cause of the instant claim.
(1) The Plaintiff has lent a monthly interest rate of 2% (24% per annum) to the Defendant.
(2) The Plaintiff’s above 1-A.
in addition to loans recognized by this subsection, above 1-B.
The money of this subsection and 1-C above
The Defendant also lent money to the Defendant.
(3) The above 1-B
The amount of the port money is calculated by the Defendant husband, and helps the Defendant husband borrow the loan from the double-use gold, and the loan was lent to the Plaintiff in the manner of full payment instead of the Plaintiff.
(4) Therefore, the Plaintiff extended the principal to the Defendant 4,3210,000 won. The Defendant’s repayment of the said loan to the Plaintiff is merely 15 million won, and such repayment shall be appropriated to the principal.
Even if the principal of the non-payment depends on 2,8210,000 won, it is sought to pay the money such as the statement of the claim.
B. The defendant asserts as follows.
(1) The above 1-B
The amount of KRW 10 million in the port is not the amount loaned by the Plaintiff.