대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. A. Around November 5, 2008, the Plaintiff lent KRW 60,000,000 to the Defendant, and determined the due date on November 4, 201, with the Defendant to repay KRW 80,000,000 in consideration of the above principal and interest at the due date.
B. At the time of the above loan, the Defendant issued a promissory note with the Plaintiff as the payee at the face value of KRW 80,000,000, the place of payment, the place of payment, and the place of issuance, Seoul Special Metropolitan City, the date of issuance, November 5, 2008, the date of payment, November 4, 201, the issuer, and the date of payment, and the issuer’s promissory note as the Defendant. As to this, a notary public prepared a promissory note No. 2958 (hereinafter “notarial deed of this case”) and delivered it to the Plaintiff.
C. On October 12, 2011, the Defendant deposited KRW 54,481,014 into the Plaintiff’s financial institution account. On the same day, upon the Plaintiff’s instruction, deposited KRW 16,518,986 into the Plaintiff’s financial institution account, which is the Plaintiff’s customer, and repaid KRW 71,00,000 in total to the Plaintiff.
On October 17, 2011, the Plaintiff returned the authentic copy of the Notarial Deed of this case to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 1, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 9,000,000 (=80,000,000 - 71,000,000), and interest or delay damages thereon.
B. As to this, the Defendant’s repayment of KRW 71,00,000 to the Plaintiff around October 201 is not a partial repayment of the principal and interest of the said loan, but a final repayment of KRW 71,00,000 (= Principal KRW 60,000 on the interest basis of KRW 11,00,000), which was given by the Plaintiff following an agreement on settlement of accounts with the Plaintiff, and subsequently repaid the amount in accordance with the method instructed by the Plaintiff. Since the Plaintiff’s repayment of KRW 71,00,000 on the authentic copy of the bill of this case was recovered from the authentic copy of the bill of this case, the Plaintiff’s repayment