대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The plaintiff, on March 29, 2007, remitted KRW 20 million to the defendant on March 29, 2007, and agreed to lend KRW 20 million to the defendant on March 30, 2007, with the interest rate of KRW 200,000 per month between the defendant and KRW 1 month on March 30, 2007, and with the term "within one month from the time when the plaintiff demanded repayment," may be recognized by the purport of each entry in the evidence No. 1 and No. 2, and all pleadings. Thus, the defendant is liable to pay to the plaintiff the interest of KRW 20,000 as well as the delay damages from March 31, 2007 after the service date of the payment order.
2. The defendant's defenses that the defendant paid all the above loans to the plaintiff. Thus, the defendant paid the above loans to the plaintiff on April 14, 2007 and May 21, 2007, by transferring a total of KRW 10 million on two occasions to the plaintiff on May 21, 2007, and the defendant received a written confirmation from the plaintiff on November 7, 2007, "it is confirmed on November 7, 2007 that "the 0 million won loaned as business funds and the 3 million won remitted by C was received on November 7, 2007," or there is no dispute between the parties, and evidence No. 3 and No. 1 (a written confirmation, but there is no defense that the plaintiff was made by coercion and intimidation by the defendant and his husband, and there is no evidence to acknowledge it), and it can be acknowledged in accordance with the purport of each written evidence No. 3 and all pleadings.
Therefore, the defendant's defense is well-grounded, and the plaintiff's above assertion is not reasonable.
The Plaintiff paid KRW 10 million from the Defendant to the Defendant is unrelated to the instant loan claim. On the other hand, on October 4, 2007, C transferred KRW 3 million to the Defendant, and the Plaintiff paid KRW 2 million to the Defendant in cash, and the Plaintiff transferred KRW 4.5 million on February 25, 2007 and KRW 3 million on October 23, 2007 to the Defendant respectively. Around December 2007, the Plaintiff delivered KRW 3 million in cash as a flight fare, and around October 23, 2007, the Defendant brought KRW 5 million to the Plaintiff’s cash around October 2007.