beta
(영문) 대구지방법원김천지원 2014.11.26 2014가단7700

대여금

Text

1. The Defendant’s KRW 26,760,00 for the Plaintiff and KRW 5% per annum from September 4, 2014 to November 26, 2014.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs 1 and 2, the Plaintiff may be deemed to have leased the Defendant, ① KRW 8.5 million on May 10, 2013, ② KRW 400,000 on June 21, 2013, ③ KRW 100,00 on June 26, 2013, ④ KRW 350,000 on July 4, 2013, ⑤ KRW 200,000 on July 21, 2013, ② KRW 7.8 million on August 27, 2013, and KRW 7.5 million on September 23, 2013, to the Plaintiff, barring any special circumstance. Therefore, the Defendant is obligated to pay the loan and delay damages to the Plaintiff.

B. Furthermore, the Plaintiff alleged to the effect that he additionally lent KRW 12 million to the Defendant on August 27, 2013. Thus, according to the evidence No. 1, the Plaintiff was aware that he/she remitted KRW 12 million to Nonparty C on August 27, 2013, but the fact of recognition alone is insufficient to confirm that the Plaintiff lent the above money to the Defendant, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion on this part is without merit.

2. As to the judgment on the defendant's defense, the defendant defenses that he/she paid KRW 2.59 million among the above loans, and taking account of the entries in subparagraph 1 and the purport of the whole pleadings, the defendant's defenses that the defendant paid KRW 2.59 million to the plaintiff, including KRW 10 million on November 30, 2013, KRW 620,000 on January 21, 2014, KRW 600 on March 26, 2014, KRW 30,000 on April 22, 2014, KRW 70,000 on April 26, 2014, and KRW 2.59 million on April 26, 2014, is justified.

3. Therefore, the Defendant’s damages for delay calculated at each rate of 5% per annum under the Civil Act from September 4, 2014 to November 26, 2014, which is the date when the original copy of the instant payment order was served to the Plaintiff (i.e., KRW 26.35 million - KRW 2590,00) and the date following the date when the original copy of the instant payment order was served to the Plaintiff.