대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Summary of the parties' assertion
A. The Plaintiff lent KRW 20,00 to the Defendant, and the Defendant, on June 20, 201, prepared a loan certificate stipulating that the balance of the loan debt KRW 7,500,000 shall be repaid by October 17, 2011 (hereinafter “the loan certificate of this case”), and thus, the Defendant is obligated to pay the Plaintiff the above KRW 7,50,000 and the delay damages therefrom from October 18, 201.
B. The Defendant borrowed KRW 10,00,000 from the Plaintiff on September 12, 2009 and repaid it on September 14, 2009. The Defendant borrowed KRW 4,00,000 on September 26, 200, and repaid KRW 4,000,000 on September 30, 200 and October 6, 2009. The Defendant borrowed KRW 4,90,000 on October 9, 2009, and thereafter repaid the above amount in installments from the Plaintiff, and paid KRW 18,90,00,000 on September 14, 200 through May 17, 2011.
Therefore, the defendant does not have any more money to be paid to the plaintiff, and 30% per annum, which is the highest interest rate stipulated in the Interest Limitation Act, shall apply.
Rather, since the Plaintiff paid in excess of KRW 6,169,583, the Plaintiff should return the above amount and damages for delay from May 18, 201 to the Defendant as unjust enrichment.
2. We examine the principal lawsuit and the counterclaim together.
In full view of the following circumstances acknowledged by Gap evidence Nos. 1 and 1 and 2 as well as the purport of the entire pleadings, the loan certificate of this case appears to have been drafted in the sense that the original and the defendant settled the existing loan obligation.
① The Defendant borrowed KRW 4,00,000 from the Plaintiff on September 12, 2009 and repaid KRW 10,000,000 on September 14, 2009. The Defendant borrowed KRW 4,00,000 on September 26, 2009 and repaid KRW 4,00,000 on September 30, 200 and October 6, 2009. The Defendant borrowed KRW 4,00,000 on October 4, 200 and borrowed KRW 1,00,000 on November 26, 2009, there is no dispute between the parties to whom reimbursement was made.
(2) Even thereafter, the defendant shall terminate each month from January 18, 2010 to May 17, 2011.