대여금
1. The Defendant’s KRW 147,00,000 for the Plaintiff and 5% per annum from March 1, 2019 to May 24, 2019.
1. The Plaintiff paid KRW 165,00,000 to the Defendant on October 8, 2018; KRW 10,000,000 on October 11, 2018; KRW 90,000,000 on October 15, 2018; KRW 3,000,000 on October 25, 2018; and KRW 165,00,00,000 on October 30, 208; and thereafter, the Defendant paid the Plaintiff KRW 165,00,00 on the aggregate of KRW 13,00,00 on October 17, 2019; and thereafter, the Defendant did not have any dispute between the parties concerned; or provided the entire evidence and evidence 10,000,000 on October 5, 2019, and each of them may be acknowledged as having been paid.
2. The parties' assertion
A. The plaintiff's assertion (selective claim) remitted 165,00,000 won to the defendant as above and only 18,000,000 won out of them were refunded. Thus, the defendant shall pay the remainder of 147,00,000 won (=165,000,000-18,000,000 won) as loans or agreed money, and delay damages therefrom to the plaintiff.
(1) The Plaintiff, at the Defendant’s request, is obligated to pay KRW 147,00,000, which is the remaining amount after partial repayment of the loan, to the Plaintiff.
(2) On January 31, 2019, the Defendant expressed his/her intent to return all the above money received from the Plaintiff via the Kakao Stockholm message. The Defendant is obligated to pay KRW 147,00,000,000, which is the remainder of the money received from the Plaintiff pursuant to the above agreement, to the Plaintiff.
B. The defendant's assertion that the money was paid to the defendant upon the plaintiff's request for share investment, and the defendant suffered enormous loss after making an investment in shares with the money received from the plaintiff.
Since the defendant does not receive money from the plaintiff as a loan, it cannot accept the plaintiff's request.
3. Determination
A. In the event that money is transferred to another person’s account as a result of a judgment on the allegation of a loan, the remittance shall be made, such as a loan for consumption, donation, repayment, etc.