대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that, on July 19, 2012, the Plaintiff determined that the cause of the claim was determined and lent KRW 150 million to the Defendant on July 18, 2013 by the due date, does not conflict between the parties.
Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff KRW 150 million and delay damages.
2. Judgment on the defendant's defense for repayment
A. The Defendant asserts that, between December 12, 2012 and May 22, 2013, the Plaintiff provided five copies of a promissory note, the total face value of which is KRW 150 million, issued by the Defendant’s husband C, and that the promissory note was paid at the due date, as well as at the time of payment of KRW 30.5 million in cash and in bills as interest, the Defendant asserts that the above loan obligation was fully repaid.
The Plaintiff, on the date of the instant lending, lent KRW 150 million to the Defendant’s husband C separately, as well as KRW 150 million to the Defendant’s husband C on the date of the instant lending, and thereafter, on September 18, 2012, additionally lent KRW 150 million to C. However, the Plaintiff asserted that the promissory note note C issued by the Defendant, which the Defendant claimed, was paid, was not endorsed by the Defendant, and was merely used for the repayment of the Defendant’s debt, and that the Defendant’s debt was not repaid.
B. The Plaintiff’s payment of the loan amounting to KRW 150,00,000, the Plaintiff received five copies of a promissory note, the total face value of which is KRW 150,000,000 from the Defendant’s husband C, and the fact that the amount was paid at the date of payment does not conflict between the parties, or can be recognized by the purport of the entry of KRW 1,50,000,00,
(No dispute is in effect between the parties in relation to the existence or payment of the interest on the leased principal of KRW 150 million. However, whether the sum of face value of the above Promissory Notes of KRW 150 million was paid for the repayment of the Defendant’s debt or paid for the repayment of the Defendant’s debt to C, the husband of the Defendant.