대여금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. Facts of recognition;
A. On May 28, 2004, the Defendant drafted a cash custody certificate stating that the Plaintiff is in custody of KRW 80 million (hereinafter “instant cash custody certificate”).
B. The Defendant paid to the Plaintiff KRW 20 million on July 13, 2012, KRW 10 million on March 5, 2013, and KRW 5 million on March 6, 2013.
C. The Plaintiff paid to the Defendant KRW 10 million on February 27, 2018, KRW 12,000,000 on March 12, 2018, and KRW 10 million on April 19, 2018.
The Defendant paid KRW 100,000 to the Plaintiff on April 20, 2018, and paid KRW 2,700,000 per month from May 19, 2018 to May 20, 2019 and paid KRW 2,70,000 per month.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, Eul evidence No. 2 (including branch numbers), and the purport of the whole pleadings
2. The assertion and judgment
A. On May 28, 2004, the Plaintiff leased KRW 80 million to the Defendant for a one-year period without interest agreement, and thereafter, received reimbursement from the Defendant for KRW 20 million on July 13, 2012, KRW 50 million on March 5, 2013, and KRW 5 million on March 6, 2013.
B) On February 27, 2018, the Plaintiff loaned KRW 30 million in total as interest rate of KRW 1% on March 12, 2018, KRW 10 million on March 19, 2018, KRW 30 million on March 19, 2018, and KRW 10 million on July 31, 2019. The Defendant repaid KRW 27 million in total as interest rate from April 20, 2018 to May 20, 2019. (B) The instant cash custody was prepared without giving and receiving actual money, and the Defendant borrowed KRW 80 million from the Plaintiff on May 28, 2004, KRW 300,000 on July 31, 2013; and (c) the Defendant lent KRW 300,000 to the Plaintiff on May 28, 2005.
C) After that, the Defendant received an investment of KRW 10 million from the Plaintiff on March 12, 2018, and KRW 10 million on March 19, 2018, and paid the proceeds at the rate of KRW 1% per month. (B) On May 28, 2004, the Plaintiff’s repayment period for the loan-prohibited payment due to the loan around 2004, without entering into an agreement, is one year.