대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The parties concerned both the Plaintiff and the Defendant were both the husband of the Plaintiff’s J. On December 20, 2010, K invested KRW 1 billion in the Defendant by acquiring convertible bonds issued by the Defendant and acquired the Defendant’s management right by taking office as the Defendant’s representative director around December 28, 2010.
[Ground of recognition] Facts without dispute, Gap evidence 28, 35, Eul evidence 18, 20, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff loaned the Defendant KRW 350 million on December 31, 2010, ② KRW 100 million on January 4, 201, ③ KRW 217 million on October 21, 201, and KRW 467 million on a total, to the Defendant does not dispute between the parties.
[The defendant led to the confession of the above money on the first day of pleading of the first instance court (on June 2, 2016), which led to the confession of the above money. At the trial of the court of first instance, the defendant made a declaration that the confession of the above confession was revoked by asserting that it was only remitted from the plaintiff to the account in the name of the defendant on the above day, and that it was not borrowed. However, the evidence submitted by the defendant alone is insufficient to recognize that the confession of the above defendant was contrary to the truth and due to mistake, and there is no other evidence to recognize it, and thus, the revocation
According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff a loan of KRW 467 million (hereinafter “instant loan”) and damages for delay calculated at the rate of 15% per annum from September 13, 2018 to the date of full payment, as claimed by the Plaintiffs.
3. Judgment on the defendant's defense
A. The Defendant’s defense of repayment is defense that the instant loan was extinguished in accordance with the reimbursement or settlement agreement. The Defendant’s defense of KRW 350 million as of December 31, 201, and KRW 100 million as of January 4, 201, and KRW 450 million as of January 4, 201.
Dop. Dop. Dop.