대여금
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
1. Basic facts
A. The Plaintiff lent KRW 15 million to the Defendant at the end of 1996 without setting the due date (hereinafter “instant loan”).
B. Since then, the Defendant remitted KRW 5 million to the Nonghyup Bank account (C) under the name of the Plaintiff, KRW 5 million on February 22, 2016, KRW 5 million on July 4, 2017, and KRW 5 million on July 11, 2017, respectively.
C. On July 19, 2017, the Plaintiff submitted a written reply on September 8, 2017 to the effect that “the Plaintiff, at the request of the Defendant, lent KRW 20 million to the Defendant in cash and lent KRW 30 million interest per month,” and the Defendant filed a lawsuit claiming a loan (2017 Ghana34692) with this court against the Defendant. Accordingly, the Defendant concluded the lawsuit to withdraw the lawsuit upon submitting the written withdrawal of the lawsuit to this court on October 23, 2017.
On December 29, 2017, the Defendant transferred KRW 2 million to the Nonghyup Bank Account (D) in the Plaintiff’s name.
E. On June 1, 2018, the Plaintiff filed the instant lawsuit against the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1-1, 2, Eul evidence Nos. 2, 5 and 6, and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion was 1% of interest per month upon the end of 1994 (preliminaryly, the end of 1996) to the Defendant. The Defendant paid interest during the first few months, but did not pay all principal and interest for a long time thereafter.
The Defendant, upon receiving the Plaintiff’s continuous demand, partially repaid the principal and interest that ought to be repaid. The Defendant renounced the statute of limitations interest with knowledge of the completion of the statute of limitations on the entire principal and interest of the instant loan.
The plaintiff.