대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is "the first loan of 5,000,000 won or less" on August 12, 2008 to the defendant.
10% of interest per month, and as of February 12, 2009, the due date for payment shall be
8.22. Departments
8. The second loan amounting to KRW 5,000,000 in total on two occasions on 30.2 occasions is hereinafter “the second loan”). The first and second loans are hereinafter “the instant loan”).
B. On July 2, 2009, the Defendant drafted and awarded a loan certificate as follows to the Plaintiff on July 2, 2009. The amount of KRW 17,00,000,000 per day by July 12, 2009 and KRW 0,000,000 per day by July 15, 2009. The Defendant undertakes to pay the Plaintiff a full payment of the above amount of KRW 17,00,000 per day by July 12, 2009. [Grounds for Recognition] Fact that there is no dispute over the grounds for recognition, evidence 1 (including the serial number, the entries in the evidence 1, and the purport of the entire pleadings, as well as the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff lent KRW 10,00,000 to the Defendant around 2008. Since the part exceeding the annual rate of KRW 40% under the Interest Limitation Act out of the interest of KRW 10,00 per month paid by the Defendant is null and void, the Plaintiff’s assertion remains 5,90,000 if it is appropriated for principal.
In addition, from September 2, 2008 to January 17, 2009, the Plaintiff, from time to time, withdrawn cash from the Plaintiff’s account in the name of the Plaintiff and lent KRW 20,000,000 to time, and the Defendant agreed to pay KRW 17,00,000 to the Plaintiff. Here, the remainder calculated by subtracting KRW 7,00,000 paid by the Defendant is KRW 10,000.
Therefore, the defendant is obligated to pay to the plaintiff the sum of the above loans and agreed amounts KRW 15,900,000 and damages for delay.
B. The defendant's assertion is merely an agreement that the defendant would pay a total of KRW 17,00,000,000 in the loans of this case as KRW 10,000 and interest interest thereon to KRW 2,00,00 in the labor union C of Youngdo Korea Co., Ltd. (hereinafter "Yakdo Co., Ltd.") which is a taxi company and received KRW 5,00,000 in the name of encouragement from the above company, and the amount actually borrowed shall be paid KRW 17,00,00 in total.