대여금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Under C’s guarantee, the Plaintiff leased KRW 30 million to the Defendant on September 25, 2015 after the due date set on August 25, 2015, to the Defendant on September 25, 2015, is either under dispute between the parties or may be recognized by the statement of evidence No. 1. Thus, the Defendant is obliged to pay the Plaintiff the above borrowed amount of KRW 30 million and damages for delay sought by the Plaintiff, barring any special circumstance.
As to this, the defendant defenses to the effect that he fully repaid the loan debt of this case.
Therefore, according to the evidence No. 1, the defendant transferred KRW 5 million to C’s account on September 25, 2015, KRW 6 million to C’s account on September 26, 2015, and KRW 25 million to D’s account on September 26, 2015.
Furthermore, with regard to whether the aforementioned remitted money was the cause of the Defendant’s repayment of the instant borrowed money to the Plaintiff, the following circumstances revealed by comprehensively taking account of the following circumstances, which can be seen as follows: (a) the Defendant’s remittance was made to the effect that the said remittance was made by himself/herself through consultation with the Plaintiff in consultation with the Plaintiff; and (b) C, with the wife’s guarantor, prepared a certificate of borrowing KRW 65 million with the loan principal around August 27, 2017; (c) this is equivalent to C’s statement that the amount of the borrowed money was added to the existing debt of this case to the Plaintiff as the principal obligor and was made by the Defendant with the principal obligor C, and that it was consistent with C’s statement that the money transferred by the Defendant was re-used from the Plaintiff; and (d) the Plaintiff appears to run the interest payment business for the period exceeding three years since the date of repayment of the instant borrowed money to the Plaintiff; and (e) the Plaintiff did not demand the Plaintiff to pay interest and the principal for the period exceeding three years thereafter.