대여금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Determination as to the cause of claim
A. The plaintiff's assertion that the defendant borrowed a total of KRW 5,370,000 from the plaintiff, but paid only KRW 1,170,000,00, the plaintiff is obligated to pay KRW 3,000,000, which is part of the borrowed amount.
B. If the purport of the entire pleadings is added to the statement in the evidence Nos. 1 through 4 of the judgment, the Plaintiff did not specify the period of repayment to the Defendant and lent the sum of KRW 4,000,000 to the Defendant’s children D and E account in the name of the Defendant as shown in the following table, and the Plaintiff may recognize the fact that the Plaintiff has continuously requested payment to the Defendant before filing the instant lawsuit.
Therefore, after a considerable period of time has elapsed since the Plaintiff notified the Defendant of the return of the remainder of 2,830,000 won of the loan, excluding KRW 1,170,000 that the Plaintiff was returned to the Plaintiff. From July 2, 2015, the date following the delivery date of the copy of the complaint of this case sought by the Plaintiff to the extent of the existence and scope of the Defendant’s obligation, 5% per annum as stipulated in the Civil Act until May 25, 2017, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following date until the date of full payment, 20.10, 200, 100, 100, 200, 10, 200, 30, 205, 205, 30, 205, 205, 205, 200, 201.
2. Conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit, and the court of first instance.