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. If there is no dispute between the parties to the judgment on the cause of the claim, or if the purport of the entire pleadings is added to each of the statements in the evidence Nos. 2 and 7, the Plaintiff may recognize the fact that on November 20, 2013, the Plaintiff extended a loan of KRW 10,000,000 to the Defendant on January 5, 20 and January 20, 2014 (hereinafter “instant loan”).
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,000,000 and damages for delay calculated by applying the agreed interest rate of KRW 30% per annum from May 10, 2014 to the date of full payment.
2. Defendant’s assertion and judgment
A. The Defendant asserts that on February 24, 2014, the Plaintiff paid KRW 11,000,000 to the Plaintiff, thereby repaying all of the instant loans.
B. According to the facts stated in the evidence No. 1-2 of this case, the defendant could be found to have remitted KRW 11,00,000 to the Plaintiff’s account under the Plaintiff’s name on February 24, 2014. However, in the meantime, the following circumstances, which can be known by adding the whole purport of the pleadings to the entries in the evidence No. 4, 5, 8, 9, and 14, the Plaintiff, prior to the instant lending, determined KRW 10,000 as interest rate of KRW 2.5% on August 26, 2013, which is the date of the instant lending, and the Defendant did not pay the instant lending to the Defendant on August 8, 2014, and the Plaintiff filed a complaint with the Defendant on August 24, 2014, in light of not only the investigator’s questioning that “the repayment of the instant loans was 00,000,000,000 won, but also 10,0004,00 won,0.”