대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 20, 2008, the Plaintiff asserted that the cause of the Plaintiff’s claim was determined and lent KRW 50 million to the Defendant by 5% per month interest and within the two months due date for repayment.
Therefore, the Defendant is obligated to pay to the Plaintiff the interest and delay damages at the rate of 30% per annum, which is the highest interest rate under the Interest Limitation Act, from June 20, 2008 to the day of full payment.
2. According to the evidence Nos. 1, 4, 5, and 6, the Plaintiff deposited KRW 50 million with the Defendant’s name account on June 20, 2008, and C transferred KRW 100 million to the Plaintiff on March 23, 2010.
However, in light of the fact that the Plaintiff and the Defendant did not have any disposal document such as a loan certificate, it is difficult to believe that the Plaintiff and the Defendant did not have any disposal document, and the fact that it was recognized earlier is insufficient to recognize the fact that the Plaintiff transferred KRW 50 million to the Defendant on June 20, 2008 is a loan, and there is no other evidence to acknowledge it otherwise.
3. Conclusion, the plaintiff's claim is dismissed as it is without merit.