대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The Plaintiff, throughout the entire region E, traded money with the Defendant from October 2012 to November 2015. If the Plaintiff loaned money by means of remitting money to the Defendant’s account, the Defendant issued a provisional coefficient of KRW 5 million equivalent to the loan and delivered it to the Plaintiff via E, and then repaid the loan in a way that the said household check is settled.
[Ground for recognition] Unsatisfy
2. The parties' assertion
A. The Plaintiff asserted that the monthly interest rate of 2% has been paid between the Defendant and the Defendant. ① The Plaintiff loaned KRW 20 million in cash on December 26, 2012 to the Defendant on January 10, 2013 (Evidence A) and ② the amount of KRW 10 million in cash on February 27, 2013 is determined and lent as March 27, 2013 (Evidence A No. 2), ③ the amount of KRW 25 million in cash on March 29, 2013 to the Defendant on April 29, 2013 (Evidence 3) and the Defendant’s obligation to transfer KRW 200,000 to the Defendant’s account at the rate of KRW 30,000,000 in cash on November 18, 2015 to the Defendant’s last 201, 200,000 won to the Defendant’s account at the rate of KRW 103,515,2015.
B. The evidence Nos. 1 through 3 (each loan certificate) submitted as evidence in relation to the three loans for which the plaintiff alleged to have lent money to the defendant is not prepared by the defendant and forged.
Three remaining loans claimed by the Plaintiff as a means of remitting money to the Defendant’s account (hereinafter “the instant remittance loan”) were deposited in the remaining amount after deducting 2% per month as a prior interest.