대여금
1. The Defendant (Counterclaim Plaintiff) paid KRW 37,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from November 4, 2014 to August 11, 2016.
1. Comprehensively taking account of the overall purport of the pleadings as to the claims filed in Gap evidence Nos. 8 and 9, the plaintiff paid 43,000,000 won to the defendant on February 21, 2014. Among them, 6,000,000 won can be acknowledged as constituting 37,00,000 won for the remaining amount to the defendant, used for the plaintiff's director's expenses, etc., and the whole purport of the pleadings is considered as follows: Gap evidence No. 3 and Eul evidence No. 1 shall include the whole purport of the pleadings; in other words, it is difficult to view that the plaintiff and the defendant had donated a large amount of money of 37,00,000 won to the defendant who had received living expenses from the plaintiff at the time; the plaintiff thereafter used the defendant to repay the above 37,000,000 won to the defendant; and in light of the above fact, the defendant loaned 300,700 won to the defendant.
The plaintiff claims interest after the loan date, and according to the evidence No. 1, the defendant paid 400,000 won to the plaintiff on five occasions each month from March 17, 2014 to July 15, 2014. However, considering the circumstances acknowledged in light of the overall purport of arguments, including the fact that the plaintiff and the defendant provided a large amount of money to the plaintiff on several occasions under the name of living expenses, etc., the above fact of recognition alone is insufficient to deem that the above money was paid as interest of the above loan, and there is no other evidence to support that the plaintiff agreed on a separate due date of repayment or interest while lending the above money to the defendant. Thus, the part of the plaintiff's claim for interest is without merit.
Therefore, the defendant's loan 37,00,000 won to the plaintiff and the following day after the delivery of a copy of the complaint of this case to the plaintiff.