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(영문) 부산지방법원 2018.06.22 2017나5195

대여금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On July 1, 1998, the Plaintiff leased KRW 3 million to the Defendant, the Defendant, the wife, at 2% of each interest month. On September 3, 1998, the Plaintiff received KRW 100,000,000 from the Defendant for the first three months, and received KRW 300,000 as interest after receiving KRW 30,000 from the Defendant for the first three months.

Therefore, if the above 5 million won is appropriated for the interest rate of 50 months on the above loan, the interest rate of 2% per month from December 3, 2002 to the date of full payment. Thus, the defendant is obliged to pay to the plaintiff the principal amount of 5 million won and the interest or delay damages at the rate of 24% per annum from December 3, 2002 to the date of full payment.

B. The defendant did not agree to pay interest at the time of borrowing the above money from the plaintiff, and the payment of KRW 100,000 to the plaintiff on September 3, 1998 was only paid as a congratulatory investigation fee for relatives.

Meanwhile, on November 1, 2016, the Defendant paid the principal amount of KRW 5 million to the Plaintiff. Accordingly, the Defendant repaid all the borrowed amount.

2. Determination

A. The fact that the Plaintiff lent each of the above loans to the Defendant (hereinafter “instant loans”) at KRW 3 million on July 1, 1998 and KRW 2 million on the following day is not disputed between the parties.

B. The Plaintiff asserted that there was an interest agreement of 2% per month on the instant loan. According to the evidence No. 1, it is difficult to conclude that the Defendant’s spouse C transferred KRW 100,000 to the Plaintiff on September 3, 1998, but it is difficult to conclude that there was an agreement between the Plaintiff and the Defendant to pay interest of 2% per month on the instant loan, and that there was an agreement between the Plaintiff and the Defendant on the basis of the above recognition alone. The statement No. 3-1 alone is insufficient to acknowledge that there was an interest agreement, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit.

(c).