대여금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and that part shall be revoked.
1. The basic facts of the claim: ① (a) the Plaintiff transferred KRW 50 million in total to the Defendant’s account on September 14, 2017 each five occasions; (b) the Plaintiff transferred KRW 800,000 to November 30, 2017; and (c) the Defendant transferred KRW 18 million to the Plaintiff’s account on May 1, 2018; or (c) the fact that the Defendant transferred KRW 18 million to the Plaintiff’s account is without dispute between the parties, or recognized by the statements in the evidence Nos. 4 and 2 and 3.
2. (1) The plaintiff's assertion as to the plaintiff's claim (1) ① the plaintiff lent the above sum of KRW 50,88 million to the defendant, and the defendant is obligated to pay the above sum of KRW 50,88 million to the plaintiff, ② The defendant is not the defendant's loan but the defendant's membership fee operated by the defendant, and the remainder of KRW 50,000 is the defendant's loan, but the defendant has already paid KRW 18,000 among them on May 1, 2018.
(2) The Plaintiff’s claim for this part is without merit, on the grounds that there is no particular evidence to acknowledge that the amount of KRW 800,000 was a loan to the Defendant.
(3) Although there is no dispute between the parties that the Defendant borrowed KRW 50 million from the Plaintiff, the Defendant paid KRW 18 million to the Plaintiff and the Defendant’s defense that the said money was repaid to the Plaintiff, as seen earlier, did not respond to the Plaintiff, it is reasonable to deem that the Defendant paid KRW 18 million to the Plaintiff as the name of the repayment for the said KRW 50 million.
Therefore, the defendant does not have any evidence to deem that there was an additional interest agreement with respect to the above loan, and the plaintiff does not assert the payment of interest. Therefore, the above 18 million won is deducted from the principal) and the following day after the delivery date of a copy of the complaint of this case as the plaintiff seeks. < Amended by Presidential Decree No. 23489, Jul. 2, 2019>