beta
(영문) 창원지방법원 2018.05.02 2017가단6262

대여금

Text

The defendant shall pay 123,072,508 won to the plaintiff and 15% per annum from April 28, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff remitted total of KRW 145,000 to the Defendant as follows.

1) KRW 45,00,000 on November 21, 2016, KRW 200 on November 7, 2016, KRW 3,500 on November 7, 2016, KRW 49,500,00 on November 7, 2016)

B. The Plaintiff was paid a total of KRW 33,134,00 by the Defendant as follows.

1) According to the 1,250,000 won on November 16, 2016, 2016 (2) 1,350,000 won on November 17, 2016 (3), 1,334,000 won on November 28, 2016) 1,250,00 won on November 30, 2016 (5), 1,250,000 won on December 15, 2016) 3,00,00 won on December 29, 2016 (3,07, 00,000 won on October 5, 200, 200, 7,000 won on October 13, 2017) or 3, 200,000 won on May 17, 2017 (3, 200,000 won on October 15, 2017).

C. On March 8, 2017, the Plaintiff and the Defendant drafted a “written statement on the return of teas” (No. 2, hereinafter “instant written statement”) as follows.

B The above 11/7 Won 50,000,001/7 Won 49,500,000 11/8/8 Won 500,000 11/21/21 Won 45,000,000 on the date of deposit in B shall confirm that the principal shall repay to the creditor (A) the daily KRW 145,000 (Won 145,000,000) by March 30, 2017, and confirm that the principal shall be liable for the civil and criminal liability if not repaid by March 30, 2017.

Terms and conditions of use for 01 month - 15% [based on recognition] , Gap evidence 1, 2, Eul evidence 1-1 to 3-4

2. Determination

A. According to the above facts of recognition, unless there are special circumstances, the defendant is liable to perform the obligations established by the letter of this case.

First Instance

1.(a)

The legal nature of the money transferred by the Plaintiff to the Defendant, as stated in the foregoing paragraph, is either the loan and the investment money, and the position of the Plaintiff and the Defendant are different. However, even if one of the above two positions is considered, the formation of the instant letter has been followed, and the new legal relationship between the Plaintiff and the Defendant has been repeated.