대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is the cause of the claim. On December 3, 2012, the Plaintiff agreed to lend funds to the Defendant, and remitted KRW 140,000,000 to the Defendant. The Plaintiff received five copies of an electronic bill issued by the Defendant as a security for the return of the above loan, and the due date for payment for the above loan is the due date for each bill, the interest rate is 6% per annum, and the amount of the loan is 147,235,000 won, which is the total amount of face value of each electronic bill above.
On December 3, 2012, the Defendant recognized that the Plaintiff was remitted KRW 140,00,000 from the Plaintiff as a loan, but did not deliver electronic bills to the Plaintiff as a security for the return of the said loan. The Defendant asserted that on April 29, 2013, the Defendant remitted KRW 150,000 to the Plaintiff for the repayment of the loan amounting to KRW 140,000,000, and that the said loan was fully repaid.
On December 3, 2012, the Plaintiff, in addition to the above KRW 140,00,000,000, in addition to the above KRW 21,520,000,700,000, and KRW 161,520,000, in addition to the above KRW 140,000,000, was separately lent to the Defendant. However, the Plaintiff asserts that KRW 150,00,000, which the Defendant remitted to the Plaintiff, was received as repayment for the above separate loan.
2. Upon organizing the above arguments, the plaintiff transferred KRW 140,00,000 to the defendant on December 3, 2012 for a loan to the defendant on April 29, 2013, and the fact that the defendant remitted KRW 150,00,000 to the plaintiff on April 29, 2013 is not a dispute between the parties, but as to whether the above KRW 150,000,000 as claimed by the plaintiff on the ground of the claim is for the repayment of KRW 140,00,000 as claimed by the plaintiff, there is a dispute between the plaintiff and the defendant.
As in the case of this case, with regard to the assertion that the debtor paid the money as a repayment of a specific obligation, the obligee recognizes the receipt by the obligee, and asserts that it was appropriated for the repayment of another obligation, the obligee shall agree on the fact that other claims exist and the satisfaction of the obligation against other claims.