대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
According to the purport of evidence No. 1 of the judgment as to the cause of claim No. 1, the plaintiff loaned 5 million won to C on September 24, 2009 with the due date set as June 25, 2010. The plaintiff paid 4.75 million won after deducting 2.5 million won prior to September 24, 2009. Since the interest and delay damages until June 26, 2010 claimed by the plaintiff are much more than the prior interest, the part of the prior interest is not separately determined.
It is recognized that the defendant guaranteed the above loan debt on the same day.
Judgment
According to the above facts of recognition, the defendant as a joint guarantor is obligated to pay the above loan amounting to five million won and delay damages to the plaintiff as a joint guarantor.
On October 5, 2009, the defendant asserted the defendant's defense of repayment, remitted the amount of KRW 4 million to the plaintiff on October 5, 2009, and repaid the principal amount of KRW 4 million, and the remaining principal amount of KRW 1 million was repaid by C.
Judgment
According to the purport of the entire pleadings in the statements Nos. 2, 4, and 1-1 and 2, it is recognized that the Plaintiff loaned KRW 15 million to the Defendant on June 1, 2009, and that the Defendant paid KRW 15 million to the Plaintiff’s account on October 5, 2009, including remitting KRW 4 million to the Plaintiff’s account under the Plaintiff’s name.
According to the above facts, the defendant's remittance of October 5, 2009 is merely a repayment of the above KRW 4 million out of the loan amount of KRW 15 million as of June 1, 2009, and further, there is no evidence to acknowledge that C repaid the plaintiff one million out of the loan amount of this case.
Therefore, the defendant's defense of repayment is without merit.
As to this, the defendant borrowed the above loans of KRW 15 million from the plaintiff on June 1, 2009, and paid the above loans in cash to the plaintiff on December 3, 2012. The above KRW 4 million is the repayment of the above loans of KRW 5 million. However, D is a cash payment of KRW 15 million.5 million.