대여금 등
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following payment order shall be revoked, and that part shall be revoked.
In the judgment of this court as to the loan claim in this lawsuit, the plaintiff claimed at the first instance court for the payment of the loan amounting to KRW 25 million and 24% interest or delay damages to Defendant B and Defendant Company, and the first instance court dismissed all the claims against the defendant company, and accepted the loan claim and partial delay damages claim against the defendant B.
Since this Court appealed only to Defendant B, the scope of this Court's trial is limited to the loan claims and damages for delay claims cited in the first instance trial.
Facts of recognition
On March 22, 2012, the Plaintiff lent KRW 25,000,00 to Defendant B.
Defendant B paid to the Plaintiff, KRW 2.5 million on December 13, 2012, KRW 4 million on December 26, 2012, and KRW 4 million on January 23, 2013, respectively.
However, on December 26, 2012, KRW 2 million out of the above KRW 4 million deposited into the account in the name of F, and the remaining KRW 2 million was paid to the Plaintiff in cash.
【In the absence of any dispute, the Plaintiff’s loan of KRW 25 million to Defendant B on March 22, 2012, based on the fact that there was no dispute, Gap’s evidence Nos. 5, Eul’s evidence No. 10, and the Plaintiff’s loan of KRW 25 million to Defendant B on March 22, 2012. Therefore, Defendant B is obligated to pay damages for delay from February 10, 2015, the following day after the delivery of the copy of the complaint of this case, barring special circumstances, to the Plaintiff.
Defendant B’s defense, etc. asserted that Defendant B paid KRW 10.5 million to the Plaintiff, Defendant B paid KRW 2.5 million to the Plaintiff, KRW 2.5 million on December 13, 2012, KRW 4 million on December 26, 2012, and KRW 4 million on January 23, 2013, respectively. Thus, the aforementioned Defendant’s defense is well-grounded.
With respect to the assertion that the instant design contract is returned, not the repayment of the loan, the Plaintiff paid to the Plaintiff by the Defendant B the amount of KRW 10.5 million, not the loan repayment, but the Defendant Company received from the Plaintiff.