대여금
1. The plaintiff's appeal and the supplementary claim in the trial are dismissed, respectively.
2. Costs of appeal.
1. Judgment on the plaintiff's primary claim
A. The Plaintiff asserted that he was aware of the Defendant through the introduction of the land owner C, and the Defendant, via C, requested the Plaintiff to “a loan KRW 100 million to the Governor of the Incorporated Association D,” on January 2016.
On February 1, 2016, the Plaintiff entered into a loan agreement with the Defendant to lend KRW 100 million on the basis of the interest rate of 10% and the due date of payment as of February 1, 2017. On the same day, upon the Defendant’s request, transferred KRW 100 million to C’s account. On the same day, C withdrawn KRW 100 million as a check and delivered it to the Defendant.
Therefore, the Defendant is obliged to pay the Plaintiff a loan of KRW 100 million and the interest or delay damages within the limit of the Interest Limitation Act.
B. For the formation of a judgment contract, there is a need for agreement between the parties on the existence of the agreement, and such agreement is not required with respect to all matters constituting the content of the contract in question, but there is a specific agreement on its essential or important matters, or at least an agreement on standards and methods that may specify the future specifically.
(See Supreme Court Decision 200Da51650 Decided March 23, 2001). Each of the descriptions of lives and evidence Nos. 1 through 4 (including each number) is insufficient to acknowledge the fact that the Plaintiff lent KRW 100 million to the Defendant on February 1, 2016, and there is no other evidence to acknowledge it.
Rather, according to the purport of the statement and the entire argument in subparagraph 2, the Plaintiff did not have prepared a loan certificate with the Defendant, and around February 1, 2016, remitted KRW 100 million to the account in the name of C, and C remitted the above KRW 100 million to E from February 2, 2016 to February 3, 2016, and E paid KRW 10 million to the Plaintiff on February 4, 2016 through C, and it is recognized that E paid KRW 10 million to the Plaintiff on February 4, 2016.