대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) the part of the written judgment of the court of first instance is modified as stipulated in paragraph (2); and (b) the reasoning of the judgment of the court of first instance is identical to that of the court of first instance, except for addition of Paragraph (3). As such,
2. The revised portion of the judgment of the court of first instance shall be amended from 18 to 3 pages 1 as follows:
[Defendant remitted KRW 20,00,000 to the I’s account at the Plaintiff’s request on October 7, 2011. On January 28, 2015, the Defendant remitted KRW 10,000,000 to the H’s account, the Plaintiff’s wife, in the name of G, his wife, transferred KRW 10,00,00 to the Plaintiff’s wife’s account. 【No. 1, 2, 4, and 22” in the first instance judgment is amended by “No. 1, 2, 222,” respectively.
The 3 pages 5 to 10 of the first instance judgment shall be amended as follows:
[10,000,000 won was loaned to the Defendant for the purpose of lending the purchase price of the instant land to KRW 385,000,000, and thereafter, the Plaintiff was paid KRW 152,30,000 out of the loan thereafter. The Plaintiff requested the Defendant to repay the remainder of the loan thereafter. On January 28, 2015, the Defendant repaid KRW 10,000 out of the remainder of the loan, and on October 7, 2011, paid KRW 20,700,000 out of the remainder of the loan (i.e., KRW 385,000,000 - KRW 110,000,000 - KRW 152,30,000,000 - KRW 152,30,000,000 - KRW 40,000,000 as follows).
[2] Therefore, the defendant is obligated to pay to the plaintiff 92,70,000 won and damages for delay at each rate of 5% per annum under the Civil Act from January 29, 2015 to March 13, 2018, which is the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment]
3. Determination on the additional argument
A. The Defendant’s argument regarding the Defendant’s assertion of donation ① The Defendant lent KRW 110 million to the Plaintiff.