대여금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
1. The reasons why the court should explain this part of the summary of the case are the same as those set forth in paragraph 1 of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure
2. Determination on the main claim
A. As seen earlier, on January 30, 207, the Plaintiff deposited KRW 251,684,930 with the account under the name of the Defendant’s designated on January 30, 2007, which was leased to the Defendant (loan for Consumption). Moreover, on January 31, 2007, the Defendant returned KRW 36,990,690, which was part of the above loans, to the Defendant, 214,694,240 won (=251,684,930 - 36,990,690 won) and its interest or delay damages. (2) The Plaintiff claimed for damages from the National Agricultural Cooperative Federation for the payment of proceeds from sale in the auction procedure on the F land. The Plaintiff was not 270,700,000 won as the collateral security right holder, and the obligation was not repaid to the Defendant under the above part of the Defendant’s loan amounting to KRW 24,290,000.
Therefore, the interest on the Plaintiff’s above loan amount against the Defendant was paid to the Plaintiff, among the above loan amount, by the Defendant. However, since the Defendant failed to pay it from September 2009 to March 2014, the Plaintiff paid KRW 50,048,460 in total from September 2009 to March 2014, the Plaintiff sought payment from the Defendant.
B. Determination 1) Since a loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in the same kind, quality, and quantity (Article 598 of the Civil Act), it is natural that there is an agreement between the parties as to the above point (see Supreme Court Decision 2010Da41263, 41270, Nov. 11, 201). In addition, the other party is a person.