대여금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.
1. The fact that the Plaintiff lent KRW 3,00,000 to the Defendant without setting the due date or setting interest (hereinafter “instant loan”) and the Plaintiff prepared a loan certificate as of February 14, 2012 (hereinafter “the instant loan certificate”) does not conflict between the parties, or is recognized by the statement as set forth in subparagraph 1.
Furthermore, in full view of the purport of the entire argument in the statement in Eul evidence No. 1, the plaintiff filed a criminal complaint against the defendant who did not repay the above loan to the defendant before filing the lawsuit in this case. Therefore, it is reasonable to view that the period of repayment of the loan in this case has arrived as much as the time when the plaintiff had already notified the return of the original copy of the payment order to the defendant at the time of service of the original copy of the order of this case.
Therefore, the defendant is obligated to pay to the plaintiff the above loan 3,00,000 won and damages for delay from the day after the original copy of the payment order in this case is served to the plaintiff.
On May 14, 2014, the Plaintiff stated that “one hundred and thirty thousand won was received from the Defendant” at the court on the second day for pleading of the first instance. However, in light of the following circumstances, the Plaintiff, prior to the instant loan, agreed to lend KRW 1 million to the Defendant on August 30, 201, to pay KRW 130,000 per month for ten months each (10,000,000 to the Defendant; the Defendant paid KRW 130,000 per month from August 30, 2011 to February 14, 2012, the Plaintiff and the Defendant collected KRW 130,000,000 from the loan to the Defendant on July 30, 201, in light of the following circumstances: (a) the Plaintiff and the Defendant collected KRW 30,000,000 from the loan to the Defendant on July 14, 2012.