대여금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The fact that the Plaintiff leased KRW 2,00,000 (hereinafter “instant loan”) to the Defendant on July 13, 2010, setting the due date for payment as October 13, 2010, which was determined on October 13, 2010, can be recognized by comprehensively considering the purport of the evidence No. 1 and the entire pleadings, or there is no dispute between the parties.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from February 24, 2016 to the day following the delivery date of the original copy of the instant payment order, which is clear from February 24, 2016, which is the day after the above payment period, to the day after the original copy of the instant payment order.
2. Judgment on the defendant's defense for repayment
A. As to this, the Defendant’s defenses that all of the instant loans were repaid, it is reasonable to view that the Defendant incurred 20.10 to 30.5 billion won after July 13, 2010 (the amount that the Defendant paid to the Plaintiff before that date is unrelated to the instant loans), the amount of KRW 70,000 on July 13, 2010, and KRW 150,000 on August 4, 2010 (the amount of KRW 400 is deemed to have been transferred), and the amount of KRW 0.50,00 on October 7, 2010, KRW 50, KRW 10,000 on October 18, 2010, KRW 200, KRW 30,000 on October 10, 200, KRW 1000 on November 10, 2010, KRW 10,010 on May 4, 2010.
Although the Defendant asserts to the effect that additional 130,000 won was paid from July 5, 2010 to July 13, 2010, the Defendant did not have any evidence to acknowledge it, and even if the fact of domestic payment is recognized, the instant loan is extended in light of the time of payment.