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. The parties' assertion
A. The Plaintiff asserted that the Plaintiff lent KRW 42,00,000 to the Defendant several times, and received KRW 10,000,000 from the Defendant on October 14, 201, and received the remainder of KRW 32,000 from the Defendant on December 8, 2011, and received a certificate of borrowing from the Defendant on January 30, 2012. The Defendant prepared the above certificate of borrowing and paid KRW 24,00,000 in total to the Plaintiff up to January 30, 201.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid loan amount of KRW 8,000,000 and damages for delay.
B. The Defendant asserted that the Plaintiff borrowed KRW 42,000,000 from the Plaintiff, and was actually paid KRW 34,000,000.
On October 14, 2011, the Defendant paid KRW 10,000,00 to the Plaintiff, and prepared a certificate of borrowing KRW 32,00,000 between the Plaintiff and the Plaintiff, but still did not receive KRW 8,00,000.
Then, the Defendant paid a total of KRW 24,00,000 to the Plaintiff from February 10, 2012 to December 27, 2013. Therefore, the Defendant fully repaid the borrowed amount.
2. In full view of each of the statements in Gap evidence Nos. 1 through 3 (including branch numbers), the plaintiff was paid KRW 10,000,000 from the defendant on October 14, 201. As above, the plaintiff lent money to the defendant before he was paid KRW 10,000,000 on several occasions, and the defendant prepared and delivered a loan certificate (Evidence No. 1) stating that he borrowed KRW 32,00,000 on December 8, 201, with the due date set as January 30, 201, the defendant borrowed KRW 32,00,000 to the plaintiff.
According to the above facts, it is reasonable to view that the Plaintiff entered into a quasi-loan agreement with the Defendant on December 8, 2011, which provides that KRW 32,00,000 shall have been due and repaid to the Defendant on January 20, 2012. Meanwhile, the Plaintiff is a person who received reimbursement of KRW 24,00,000 from the Defendant.
Therefore, it is true.