대여금
1. All appeals filed by Defendant (Counterclaim Plaintiff), Defendant D, and E are dismissed.
2. Costs of appeal as to the principal lawsuit.
1. Determination as to the Plaintiff’s claim against Defendant D on the principal claim
A. The Plaintiff asserted that Defendant D loaned KRW 5,00,000 on November 30, 2013, KRW 5,000,000, KRW 200 on February 22, 2014, KRW 5,000,00 on June 1, 2014, ④ KRW 5,000,000 on August 17, 2014, ⑤ KRW 5,000,00 on May 7, 2014, KRW 6,00,00 on November 25, 2014, and KRW 6,00,00,00 on each of the above loans was fully repaid from Defendant D, and KRW 3,00,000 on each of the above loans and KRW 6,00,00 on each of the above loans, and KRW 6,000,00 on each of the above loans and delay damages were still repaid to the Plaintiff.
As to this, Defendant D borrowed each of the above, (1), (2), and (6) money from the Plaintiff, but paid all of them.
Even if Defendant B, a joint and several surety, claimed that all of them were repaid.
B. The Plaintiff’s above determination (30% per annum), 5,000,000 won per annum (30% per annum), 5,000,000 won per annum (30% per annum), 6,000,000 won per annum (25% per annum) as stated in the Plaintiff’s lending to Defendant D does not conflict between the parties, but the remainder of the money, 3,4,000,000 won (25% per annum), and there is no other evidence to acknowledge it.
Therefore, Defendant D has the obligation to pay the Plaintiff the above, (1), (2), and (6) each money, and damages for delay.
As to this, Defendant D’s defense that he borrowed money from the Plaintiff was fully repaid, Defendant D’s defense is the Plaintiff’s person who received the said money from Defendant D, but Defendant D’s payment of KRW 6,00,000 as stated above, or Defendant B, a joint guarantor, is insufficient to accept it only with the evidence submitted by Defendant D, and it is otherwise acceptable.