대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. On November 4, 201, the Plaintiff asserted that the Plaintiff leased KRW 12 million to the Defendant on November 4, 201, and sought the return of the loan.
(1) In the first instance court, only 10 million won among the loans the Plaintiff asserts, was partially cited and the remainder was dismissed, and the Plaintiff did not appeal against the dismissed KRW 2 million. 2. 2. The judgment on the cause of the claim was examined, and the Plaintiff’s lending KRW 10 million to the Defendant on November 4, 201. As there is no dispute between the parties, the Defendant is obligated to pay the Plaintiff the money calculated at each rate of KRW 15% per annum as stipulated in the Civil Act from February 22, 2018 to August 30, 2018, which is the day following the delivery of a copy of the complaint in this case, and from the next day to the day of complete payment, 5% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
3. Judgment on the defendant's assertion
A. The gist of the Defendant’s assertion was that the Defendant borrowed KRW 10 million from the Plaintiff through G, who is the land owner C.
However, C, while running a restaurant in the same business with the Plaintiff, settled accounts of the settlement amount obligation owed by the Plaintiff to C in the same business relationship with the said loan obligation, the Defendant subsequently ordered C to pay the above loan amount of KRW 10 million.
Therefore, the defendant actually discharged the above loan to the plaintiff.
B. On the other hand, we cannot accept the defendant's assertion on the premise that there is no evidence to support the fact that the defendant paid the above loan amount of KRW 10 million to C while arranging the partnership relationship with the plaintiff and C agreed to settle the plaintiff's settlement obligation and the above loan amount of KRW 10 million.
4. If so, the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.