대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. Fact that there is no dispute and the summary of the plaintiff's assertion that the plaintiff lent a sum of KRW 20 million to the defendant on December 17, 2004 and twice on December 28, 2004, there is no dispute between the parties.
On September 13, 2005, the Plaintiff, along with the Defendant, remitted the amount of KRW 24 million (hereinafter “E”) to C with the Defendant, who operated the “E”. This is a loan to the Defendant, and in the end, the Defendant is obliged to pay the total amount of KRW 4 million and interest 1% per month on the loan, and the Defendant seeks payment of the remainder of the principal 28,264,306, excluding the amount already repaid to the Defendant, and interest and delay damages thereon.
2. In full view of the following facts, the period and details of the Defendant’s repayment to the Plaintiff are acknowledged, taking account of the following facts: (a) the records of evidence Nos. 7, 8, and 11 and the purport of the entire pleadings:
On November 15, 2006, KRW 40,00 20 on December 15, 2006; KRW 440,00 on April 15, 2007; KRW 40,00 on April 440, 200 on May 15, 2007; KRW 60,60 on March 440 on April 23, 2007; KRW 60,00 on April 23, 200 on June 15, 200; KRW 60,00 on April 14, 207; KRW 60,00 on May 10, 200, KRW 8,00 on May 10, 200, KRW 104 on May 10, 2007; and KRW 40,00 on May 14, 207; and
However, in full view of the records and the purport of the entire arguments in this case, the following circumstances, i.e., ① the Plaintiff requested the Defendant to repay the borrowed amount of KRW 20 million on November 26, 2013, and demanded the Defendant to repay the borrowed amount.