대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts do not conflict between the parties, or each entry in Gap evidence 1, No. 3-1, No. 3-2, and Eul evidence No. 1-5 may be admitted by taking into account the whole purport of the pleadings:
On May 18, 2014, the Defendant transferred KRW 10,000,00 to the deposit account of C Co., Ltd. (hereinafter “C”) in which the Plaintiff serves as an internal director, and entered “A(Plaintiff) contract” in the record of withdrawal in the Defendant’s deposit account.
B. On May 31, 2014, the Plaintiff remitted KRW 10,000,00 to the Defendant’s deposit account.
C. On July 10, 2014, the Defendant remitted KRW 10,000,000 to the Plaintiff’s deposit account, and entered the Defendant’s deposit account as “A loans” in the information on the withdrawal of deposits.
On October 23, 2014, the Plaintiff remitted KRW 10,000,00 to the Defendant’s deposit account.
2. Judgment on the parties' arguments
A. On October 23, 2014, the Plaintiff’s assertion 1), as recognized earlier, lent KRW 10,000,000 to the Defendant’s deposit account without having agreed on the interest and the due date for payment. As such, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 10,000,000 and the delayed payment amount of KRW 10,000 without having agreed on the interest and the due date for payment. Even if the Defendant borrowed money from the Plaintiff, the Defendant is obligated to pay the Plaintiff the loan to the Plaintiff with the loan borrowed money, and the Defendant did not have the intent or ability to pay the loan by borrowing money, and then the Defendant has the obligation to pay the Plaintiff the loan at a high interest rate of the loan that the Defendant bears with the loan borrowed from another financial institution, and the Plaintiff would receive a new loan from the other financial institution and repay the loan to the Plaintiff with the loan borrowed money with the loan borrowed from the Defendant’s deposit account on October 23, 2014.