대여금
1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the part concerning the Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant) is “100,000.”
1. In the first instance trial subject to adjudication, the Plaintiff filed a claim for the payment of KRW 317,957,832 of the purchase price of I products, rice, and coconuted coconuted (hereinafter “rice, etc.”) and interest or delay damages thereon, and the Defendant filed a claim for the payment of USD 77,845 in compensation for damages corresponding to the rolllback storage cost in relation to the sale of 2014, and the delay damages therefrom. < Amended by Act No. 1687, Feb. 2, 2014>
The first instance court accepted the Plaintiff’s principal claim, ① a loan of KRW 100,000,000, and ③ a claim for the purchase price of “rice, etc.”, ② dismissed the claim for the purchase price of rollls, and accepted the Defendant’s counterclaim.
With respect to the counterclaim, the Plaintiff appealed against the Defendant during the principal lawsuit. As such, the subject of the judgment of the first instance court was ① a loan of KRW 100,000,000 among the Plaintiff’s principal lawsuit, ③ a claim for the purchase price of rice, etc., and the Defendant’s counterclaim. The Plaintiff’s claim for the purchase price of rollblle in the principal lawsuit is not subject to the judgment of this court.
2. As to the plaintiff's main claim
A. (1) On October 14, 2013, when the Plaintiff lent KRW 100,00,000 to the Defendant on a monthly basis, the Defendant agreed to pay interest equivalent to 1% per month on the 1st day of each month and pay the principal within 60 days at the Plaintiff’s request. The Defendant paid interest up to January 2017 to the Plaintiff is not in dispute between the parties, or recognized by the evidence No. 1, No. 2, and No. 1 through No. 37.
(2) On February 1, 2017, the Plaintiff may be deemed to have reached the repayment period of the loan upon the lapse of 60 days after filing a claim for the repayment of principal through the delivery of the instant complaint. As such, the Defendant may deem that the loan amounting to KRW 100,00,000 and the loan amounting to KRW 60 from February 1, 2017, to the Plaintiff.