대여금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, the cause of the Plaintiff, from around 2002 to April 28, 2015, lent a total of KRW 538 million to the Defendants, and was paid KRW 478 million on April 28, 2015 (after the filing of the instant lawsuit) and paid KRW 65 million on September 8, 2015, and thus, the Defendants should pay the Plaintiff the difference of KRW 60 million and interest on delay.
2. Around July 2015, the Defendants’ defense and the Defendants confirmed that the amount of outstanding debt was KRW 65 million, and the Defendants paid KRW 650,000 per month to the Defendants, and the Defendants paid KRW 650,000 on September 8, 2015, thereby extinguishing all the Defendants’ obligations to the Plaintiff.
3. Determination
A. It is insufficient to recognize that the remittance between the Plaintiff and the Defendants, recognized by the respective statements in the evidence Nos. 1, 2, and 2 through 5, did not reflect the appropriation of interest, etc., and there is no other evidence to acknowledge otherwise.
B. Rather, comprehensively taking account of the overall purport of the arguments in the statements in the evidence No. 1 and No. 2-1 and No. 2-2, the facts that the Plaintiff demanded the Defendants to pay the unpaid loan amounting to 65 million won by the end of June 2015 (if the Plaintiff acknowledges it, but there is no evidence to acknowledge it), and the Plaintiff received interest 65.5 million won from the Defendants without any objection, and received interest 6.5 million won from the Defendants on September 8, 2015, and received interest 65.65 million won including interest 6.5 million won. Thus, the Defendants’ obligations against the Plaintiff were extinguished by the repayment.
4. All of the plaintiff's claim is dismissed.