대여금
1.The judgment of the first instance shall be modified as follows:
Defendant C shall pay to the Plaintiff KRW 5,000,000 and that on May 2008.
1. Facts of the cause of the instant claim
A. The Defendants: (a) were married couple; (b) the Plaintiff deposited KRW 15 million in the Defendant B’s account on September 12, 2007; and (c) on March 7, 2008, respectively; and (d) deposited KRW 1,930,000 in the Plaintiff’s account from November 6, 2007 to the Plaintiff’s account; and (b) the fact that the Plaintiff deposited KRW 1,930,000 in the Plaintiff’s account from November 6, 2007 to 35,000 on April 14, 200; and (c) was deposited in the Plaintiff’s account. There is no dispute between the Defendants.
B. As to this, the Plaintiff asserted that the said money should be paid the remaining amount of KRW 18,070,000 and its interest jointly and severally to the Plaintiff, since the said money was lent to the Defendants as interest rate of KRW 24% per annum.
2. As to the Defendants’ claim, Defendant B asserted that the said money transaction was conducted between the Plaintiff and Defendant C, and Defendant C only used its passbook as a credit bad and that he was aware of it. Defendant C agreed to be exempted from interest on March 7, 2008, 500,000 won out of the said money, and later, Defendant C agreed to be exempted from interest, and the remainder of KRW 15,000,000,000 was invested in the game room business conducted by Defendant C, and the game room was no longer returned.
3. Determination as to the claim against Defendant C
A. Defendant C acknowledges that this portion of KRW 5 million is a loan and that this amount is an annual interest of KRW 24%.
However, the defendant C alleged that it was agreed to exempt interest, but there is no evidence to acknowledge it.
Therefore, Defendant C is obligated to pay the Plaintiff the said amount of KRW 5 million and the said amount at the rate of 20% per annum from May 8, 2008 to the full payment date, as the Plaintiff seeks.
B. The Plaintiff alleged that the said amount was a loan, and Defendant C asserted that it was an investment loan, not a loan. Therefore, in this case, the Plaintiff must prove that the said amount was a loan. Of the evidence submitted by the Plaintiff, the entry of No. 5 in the evidence submitted by the Plaintiff is from the Plaintiff.