대여금
1. The Defendant shall pay to the Plaintiff KRW 60,00,000 as well as 20% per annum from April 30, 2015 to the day of full payment.
1. The fact that there exists no dispute or dispute);
A. On July 14, 2014, the Defendant prepared a certificate of loan that the Plaintiff borrowed KRW 70 million with the interest rate of KRW 20% per annum and the due date specified as of December 31, 2015.
On the same day, the Defendant completed the registration of the establishment of a neighboring C Apartment D (hereinafter, “the apartment of this case”) with respect to the Plaintiff, the maximum debt amount of KRW 70,000,000, and the Plaintiff as the Plaintiff.
On July 15, 2014, the Plaintiff remitted and lent KRW 70 million to the Defendant.
B. On November 6, 2014, the Plaintiff additionally lent KRW 30 million to the Defendant.
C. On July 15, 2014, the Defendant deposited KRW 30 million with the Plaintiff’s ancillary E’s account, and separately deposited KRW 17 million between 2013 and 2014.
On April 30, 2015, the Defendant paid KRW 50 million to the Plaintiff.
On the same day, the Plaintiff cancelled the registration of the establishment of a neighboring regime established in the apartment of this case.
2. Assertion and determination
A. The Plaintiff’s assertion 1) lent a total of KRW 100 million to the Defendant on April 30, 2015, but received KRW 50 million as interest during the loan period. The Defendant agreed to pay the remainder of KRW 60 million (interest rate of KRW 20% per annum) up to September 30, 2015, and prepared a loan certificate (Evidence 6). Accordingly, the Defendant is liable to pay KRW 60 million to the Plaintiff. 2) Accordingly, the Defendant borrowed KRW 100 million from the Defendant. However, on July 15, 2014, the Plaintiff deposited KRW 30 million into the Plaintiff’s E’s father’s account on July 15, 2014, separately deposited KRW 17 million into the Plaintiff’s account between 2013 and 2014, and paid KRW 50 million to the Plaintiff a total of KRW 7 million to the Plaintiff on April 30, 2015.
The plaintiff was paid a total of KRW 97 million, and the interest and the remaining principal were exempted from the principal, and the registration of the establishment of a neighboring mortgage established on the apartment of this case was cancelled.
Therefore, the Plaintiff’s loan to the Defendant was extinguished by repayment.
The defendant is against the plaintiff.