대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. On August 19, 2016, between the Plaintiff and the Defendant, the Plaintiff lent KRW 50 million to the Defendant; overdue interest shall be KRW 27.8% per annum; the KRW 12.5 million of the principal shall be until September 21, 2016; and the KRW 12.5 million, until October 21, 2016, until October 21, 2016, and KRW 25 million, until November 21, 2016, was concluded a monetary lending agreement (hereinafter “instant agreement”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 50 million and delay damages therefrom, unless there are special circumstances.
3. Judgment on the defendant's assertion
A. Defendant’s assertion 1) E received a loan of KRW 100 million from the Plaintiff, and offered sports goods owned by E as security to the Plaintiff, and the Defendant agreed to receive part of the sports goods offered as security from E. 2) In concluding the instant contract by borrowing KRW 50 million from the Plaintiff, the Defendant agreed to receive sports goods from E and pay KRW 50 million to the Plaintiff after paying KRW 50 million to the Plaintiff.
3) Although the Defendant requires a tax invoice on the above price of goods, the Plaintiff could not issue the tax invoice, and the Defendant is a limited liability company C (hereinafter “C”) which is the Plaintiff’s subsidiary company according to the F’s proposal, an employee of the Plaintiff.
(4) As the Defendant paid KRW 5,0250,00 in sum to C between September 26, 2016 and December 15, 2016, the obligation under the instant contract was fully repaid.
Therefore, the plaintiff's loan claim is without merit.
B. The Defendant paid 5,0250,000 won to C only by examining the judgment unit, the descriptions of Eul evidence Nos. 1 to 6, and testimony of the witness F of the trial court.