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 first instance court.
1. Summary of the parties' arguments
A. The plaintiff asserted that the plaintiff lent KRW 15,00,000 to the defendant around February 25, 2002, and KRW 10,000,000 to the defendant around June 5, 2002 without fixing the deadline by 2% per month for the agreement (the plaintiff asserted that the repayment period was set at one year from the date of lease in the first instance court, and this court lent it without fixing the due date). The plaintiff was paid part of interest from the defendant after November 29, 2016.
Therefore, the Defendant shall pay to the Plaintiff the interest of KRW 25,00,000 and the interest calculated at the rate of 15% per annum within the scope of the agreed interest rate from November 30, 2016 to the date of full payment, which is the day following the last interest payment date.
B. The Defendant asserted that the Plaintiff borrowed KRW 24,700,000,000 from the Plaintiff on February 25, 2002, and KRW 9,700,000 from June 5, 2002, without interest or maturity agreement.
However, the Defendant paid a total of KRW 30,307,00 to the Plaintiff from December 23, 2002 to November 29, 2016, and repaid the said loan in full.
2. Determination
A. In light of the following: (a) the Plaintiff transferred KRW 15,00,000 on February 25, 2002 to the Defendant’s husband’s account; and (b) the Plaintiff transferred KRW 9,70,000 on June 5, 2002 to the Defendant’s husband’s account; (c) there is no dispute between the parties; and (d) according to the overall purport of the entries and arguments in the evidence Nos. 4 and 6 (including the serial number), the Plaintiff received KRW 33,656,00 (hereinafter “the instant repayment”) from the Defendant from October 9, 2002 to November 29, 2016.
B. According to the above facts, the Defendant’s total amount of KRW 24,700,000,000 from the Plaintiff on February 25, 2002 and KRW 24,700,000 on June 5, 2002 (hereinafter “instant loan”).
) It is recognized that the loan was borrowed (However, as seen in the following conclusion, the principal of the loan in this case is all by the repayment in this case.