대여금
1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit is dismissed.
2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).
1. The parties' assertion
A. After preparing a loan certificate to the Plaintiff that the Defendant would repay KRW 18 million to the Plaintiff around 2001, the Defendant is obligated to pay the remainder of KRW 5.4 million and delay damages. Since the Plaintiff only paid KRW 12.6 million out of the above money, the Defendant is obligated to pay the remainder of KRW 5.4 million and delay damages.
B. From 2002 to 2009, the Defendant borrowed a small amount of money in cash from the Plaintiff on a several occasions, and the total amount of the borrowed amount is eight million won.
The plaintiff made a loan to the defendant to the effect that interest does not need to be paid, and that only the principal shall be paid, as the case may be.
In the meantime, the Defendant displayed the remittance receipt for KRW 2.7 million paid to the Plaintiff as repayment on January 2009, and said, the Plaintiff also agreed to pay KRW 8 million and interest thereon.
Considering that the Defendant paid KRW 8.5 million from February 2009 to November 201, 2013 and paid KRW 2.7 million, the Defendant paid KRW 1,1250,000,000 in total, and thus, repaid the principal and interest borrowed from the Plaintiff (=8,200,000 won in total).
Therefore, the defendant cannot respond to the plaintiff's request.
2. Determination as to the cause of action
A. The facts of recognition 1) The plaintiff and the defendant knew from around 1984, and there were many monetary transactions, such as lending a small amount of cash to the defendant several times. 2) The defendant, after December 19, 2001, entered the loan certificate prepared by the defendant to the plaintiff before August 19, 2002, that the defendant does not pay to the plaintiff the amount of the loan certificate for October 2001, 11, and December 3, 2001. The phrase "one million won amount" and "one million won amount" written under the defendant's signature and seal, after the above loan certificate was written, can be seen as having been paid by the defendant to the plaintiff. In light of the above loan certificate, the above loan certificate is seen to have been paid by the defendant to the plaintiff. < Amended by Presidential Decree No. 18740, Aug. 19, 2002; Presidential Decree No. 18150, Jan. 30, 2003>