대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In light of the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff’s loan of KRW 30 million (hereinafter “instant loan”) to the Defendant on March 26, 2015, which was determined as of June 27, 2015. Accordingly, barring any special circumstance, the Defendant is obliged to pay the Plaintiff KRW 30 million of the instant loan.
2. According to the overall purport of the evidence Nos. 1, 2, and 4 of the judgment on the Defendant’s defense for repayment, etc., the Defendant sent KRW 30 million to the account (or bank 1005-302-2****) of the newcompon development (hereinafter “newcompon development”) with the same address of the head office on March 27, 2015, the Defendant transferred KRW 30 million to the Plaintiff on March 27, 2015. According to this, the newcompon development was deemed to have immediately remitted the loan of this case to the Plaintiff on the same day. Accordingly, the Defendant is determined to have repaid the loan of this case to the Plaintiff through the newcomponative development account. Accordingly, the Plaintiff’s claim for the loan of this case is without merit.
On December 14, 2012, the Plaintiff lent 150 million won to New Young-young Development as interest rate 5%, and 150 million won as of March 14, 2013 on the due date. However, on March 27, 2015, the Plaintiff asserted the Defendant’s defense of the repayment to the effect that the Plaintiff was paid KRW 30 million as interest for the loan amounting to KRW 150 million from New Young-young Development, and was not paid as the name of repayment of the instant loan.
In the following circumstances, the Plaintiff submitted a claim statement of KRW 275,45,205, including the above loans 150,000,000 won and interest thereon from December 14, 2012 to April 18, 2016, and on May 11, 2016, the Plaintiff distributed the total amount of the above loans to the Plaintiff on December 11, 2016.