대여금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The gist of the Plaintiff’s assertion was that the Defendant borrowed KRW 35 million from C, a credit service provider, around 201. Since C, a representative of the Plaintiff, paid KRW 35 million to D, the Plaintiff and C agreed to pay KRW 1,50,000 equivalent to the interest rate of KRW 35,000 per month until full repayment was made.
However, since the Defendant did not fully pay the interest and principal to the Plaintiff after January 7, 2013, the Plaintiff is obliged to pay damages for delay calculated at the rate of 24% per annum, which is the highest interest rate stipulated in the Interest Limitation Act, within the scope of the agreement, from February 1, 2013 to the date of full payment.
2. According to the records in Gap evidence No. 3, the defendant can recognize the fact that the defendant remitted 1,50,000 won to the plaintiff on seven occasions from November 29, 2011 to October 29, 2012. However, according to the records in Gap evidence No. 4, in addition to the above remittance details, the defendant, even in addition to the above remittance details, may recognize the fact that the defendant remitted 20,000,000 won to the plaintiff or D, or received money from the plaintiff or D until July 13, 2016. In light of the monetary transaction details between the plaintiff, D, and the defendant, the evidence submitted by the plaintiff alone that the plaintiff provided claims against Eul.
or from C, the Plaintiff acquired the claim against C from C.
It is insufficient to recognize that the Defendant assumed the obligation of C to the Plaintiff, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's assertion is without merit.
3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.