대여금
1. Of the judgment of the first instance, the Defendant: (a) KRW 222,00 among the judgment of the first instance, and the Plaintiff’s KRW 5% per annum from November 7, 2015 to December 21, 2016.
1. On August 6, 2010, the Plaintiff asserted that the Plaintiff leased KRW 100,000 to the Defendant with interest of KRW 300,000 per month. From the Defendant, around August 201, around KRW 50,000, around February 2015, around KRW 10,000, around August 6, 2015, and KRW 25,000,000 on August 6, 2015, and KRW 5,00,000 on August 8, 2015, and KRW 8,40,000 on September 5, 2015, the Plaintiff was paid with interest of KRW 1,60,000 on the principal, but did not receive interest of KRW 50,000,00 from August 20, 201.
Therefore, the defendant is obligated to pay to the plaintiff KRW 23,900,000 including the total interest on the principal and loan unpaid to the plaintiff and the delayed payment damages therefor.
2. Determination
A. If there is no dispute between the parties, or if the purport of the argument is added to the whole pleadings as a result of the reply to submit each financial transaction information to Gyeongnam Bank Co., Ltd. at the court of first instance, the plaintiff would be paid KRW 300,000,000 per interest month on August 6, 2010, and the defendant lent KRW 50,000,000 to the defendant on November 9, 2010, the fact that the defendant repaid 50,000,000 out of the remainder of the loan principal to 50,000,000 won, and the fact that the plaintiff was fully paid the principal except for KRW 1,60,000,000 among the remainder of the loan principal to 50,000,000.
B. As to this, the defendant has a defense to the effect that the remaining principal was fully repaid and the interest was fully repaid since August 2011.
1) First, considering whether principal amount was paid in KRW 1,60,000, the evidence and the purport of the entire pleadings as seen earlier, it is acknowledged that the Defendant paid KRW 1,00,000 to the Plaintiff on November 10, 201, and KRW 600,000 in the name of the Defendant’s husband D, and KRW 600,000 in the name of August 28, 2015. Accordingly, the Plaintiff did not receive the principal amount (in particular, KRW 60,000 as of August 28, 2015, and the interest amount of KRW 600,000 as of August 28, 2015.