대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The scope of the judgment of this court asserted that the plaintiff lent a total of KRW 11,00,000 to the defendant from June 28, 2009 to November 2009, the plaintiff sought a loan of KRW 11,00,000 to the defendant, and the agreed interest or delay damages on the loan of KRW 11,00,000 to the defendant. The court of first instance rendered a judgment that all of the plaintiff's claims are dismissed. The plaintiff appealed only against the plaintiff's loan of KRW 2,00,000 as of October 28, 200 and the part against which the agreed interest or delay damages are lost. The scope of the judgment of this court is limited to the loan of KRW 2,00,000 to the defendant on October 28, 2009 and the part against which the agreed interest or delay damages are claimed.
2. Summary of the parties' arguments;
A. Plaintiff 1) On October 28, 2009, the Plaintiff agreed to the Defendant at 20% interest rate of KRW 2,00,000 per annum, but the Defendant is obligated to pay the Plaintiff the loan amount of KRW 2,00,000,00 and the agreed interest thereon or delay damages. 2) If it is not acknowledged that the Plaintiff lent KRW 2,00,000 to the Defendant as above, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 2,00,000 without any legal cause, and thereby the Plaintiff suffered damages equivalent to the above amount. Thus, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 2,00,000 and the delay damages therefrom.
B. It was true that Defendant 1 transferred KRW 2,00,000 to the Defendant’s deposit account on October 28, 2009. However, among them, KRW 1,000,000 is merely the Defendant’s transfer of the Plaintiff’s loan to C in the middle. The Defendant paid KRW 50,000 on December 1, 200 and KRW 50,000 on December 31, 2009 to the Plaintiff, respectively, and delivered the said KRW 1,00,000 to the Plaintiff.
The remaining KRW 1,000,000 is the defendant's Cho Jae-man.