대여금
1. The defendant shall pay to the plaintiff KRW 60,835,00 and KRW 12,335,00 among them, from June 5, 2005, and KRW 20,000,000.
1. The Plaintiff loaned the amount of KRW 25 million to the Defendant on May 4, 2005 at the maturity of 36% per annum on June 4, 2005 (hereinafter “the first loan”) and the amount of KRW 20 million on June 23, 2005 at the maturity of 36% per annum on August 22, 2005 (hereinafter “the second loan”) and the amount of KRW 285 million at the interest rate or delay damages rate of KRW 36% per annum on September 27, 2005 (hereinafter “the second loan”) and the amount of the loan is “the third loan”).
(2) The Defendant is obligated to pay KRW 73,500,000 in total and interest or delay damages on the loan, barring any special circumstance, to the Plaintiff. 2. The Defendant’s defense against the Defendant is a defense that the Plaintiff paid KRW 82,215,00 in total to the Plaintiff by means of remittance of bank account, cash payment, delivery of promissory notes, etc. First, the part of the defense against remittance and cash payment is examined. The Defendant’s payment of KRW 65,165,00 in total to the Plaintiff from August 4, 2005 to November 20, 206 by means of remittance or cash payment is without dispute between the parties, and the Defendant is obligated to pay KRW 12,65,00 in total and KRW 65,165,00 in total to the Plaintiff by means of account transfer or cash payment is appropriated for the principal of the loan. However, the Defendant’s assertion that the loan was appropriated for the principal of the loan in accordance with Article 17 of the Civil Act.
The remainder of 52,500,000 won is paid as the repayment of the above borrowed money.