대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. On January 15, 2015, the Plaintiff loaned KRW 28,000,000 to the Defendant at the time when the Plaintiff demanded the return of the claim (hereinafter “instant loan”); and the Defendant’s repayment of KRW 14,00,000 out of the above loan to the Plaintiff on October 23, 2015 does not conflict between the parties.
According to the above facts, the defendant is obligated to pay to the plaintiff 14,00,000 won remaining after deducting 14,000,000 won already paid to the plaintiff out of 28,000,000 won of the loan of this case (=28,000,000 won - 14,000,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 2, 2015 to the date of full payment, which is obvious on the day following the delivery of the copy of the complaint of this case sought by the plaintiff.
2. On October 23, 2015, the Defendant asserts that the Plaintiff exempted the remainder of the loan obligations after receiving reimbursement of KRW 14,000,000 from the Defendant, out of the instant loan.
However, there is no dispute between the parties that the Plaintiff requested to lend KRW 7,000,000 to the Defendant after receiving reimbursement of KRW 14,000,000 among the instant loans from the Defendant. However, this is insufficient to recognize that the Plaintiff exempted the Defendant from the Defendant’s obligations to the Plaintiff, and there is no other evidence to acknowledge this otherwise, the above assertion by the Defendant is rejected.
3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance, which is the same as this conclusion, is dismissed on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.