대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. The fact that the Plaintiff lent KRW 8 million to the Defendant on or around April 2004, which was determined as to the cause of the claim, does not conflict between the parties, and that the Plaintiff received KRW 2 million from the Defendant on April 13, 2010 and appropriated it for the principal of the above loan.
Thus, barring special circumstances, the defendant is obligated to pay to the plaintiff the balance of the above loan and the interest for delay or delay.
2. The Defendant’s assertion that: (a) from April 2004 to January 4, 2010, the Plaintiff repaid most of the principal and interest of the instant loan to the Plaintiff; (b) on April 13, 2010, the Plaintiff paid KRW 2.3 million out of the principal and interest of the loan remaining after the Plaintiff on the day; and (c) on December 2010, the Defendant agreed to terminate the claim and obligation of the instant loan while having agreed to pay the remainder of KRW 2 million up to the end of 200,000 to the end of 200,000,000 won; and (d) accordingly, the Defendant’
Comprehensively taking account of the overall purport of the pleadings in each statement of evidence Nos. 1 and 2 (including household numbers), the Defendant transferred the sum of KRW 3,853,700 to the Plaintiff’s deposit passbook in the name of the Plaintiff from July 29, 2004 to June 6, 2006. D deposits in the sum of KRW 4,000,000 in the Plaintiff’s deposit passbook in the name of the Plaintiff from January 25, 2008 to January 4, 2010. The Plaintiff acknowledged on April 13, 2010 that “the obligation relationship has been terminated” was prepared and delivered in the document stating that “the schedule was prepared as of December 12, 200” (Evidence No. 1).
According to the above facts, it is reasonable to view that the Defendant’s obligation to borrow the principal and interest of the Plaintiff remains in KRW 200,000 as of April 13, 2010, and the remainder of the principal and interest of the loan is extinguished due to repayment, exemption, etc.
Therefore, the defendant's argument is justified.
3. According to the conclusion, the Defendant’s principal and interest on the above loan amount of KRW 200,000 and its amount from April 13, 2010 to the Plaintiff.