대여금
1. The Defendant’s KRW 100,000,000 as well as 5% per annum from January 22, 2019 to May 26, 2020 as to the Plaintiff.
1. The gist of the Plaintiff’s assertion: (a) the Defendant requested the Plaintiff to lend part of the purchase fund as the Seoul Mapo-gu D Building E (hereinafter “instant real estate”) was insufficient to purchase the instant real estate; and (b) on February 26, 2010, the Plaintiff leased KRW 100,000 to the Defendant. At the time of the above lease, the Defendant agreed to pay KRW 420,000 per month interest; (c) the Defendant paid KRW 200,000 per month by voluntarily reducing interest from December 23, 2010, and did not pay interest after February 23, 2017 to the Plaintiff. Accordingly, the Defendant is jointly and severally obligated to pay the Plaintiff the Plaintiff’s interest and interest at least KRW 100,000,000 as the principal, and at least KRW 2,200,000,000 as the Plaintiff’s spouse’s interest and delay damages.
③ Even if C does not have a direct repayment obligation against the Plaintiff, the Plaintiff loaned C 100,000,000 won to C again, and C thereafter lent KRW 100,00,000 to the Defendant. Since C is insolvent at present, the Plaintiff seek a payment for the Defendant’s loan to C in subrogation of C.
④ Even if the Defendant did not have a contractual obligation with the Plaintiff and C, KRW 100,000,000 leased to C was the purchase fund of real estate to be used as joint residence with the Defendant and C. In light of the purpose of use of such funds, etc.