대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The plaintiff's assertion 1) around September 2005, the defendant requested the plaintiff to lend money to the plaintiff via C, who is the plaintiff's spouse. 2) On October 4, 2005, the plaintiff set 19,80,000 won for interest monthly and February 6, 2006, and lent to the defendant 17,812,000 won after deducting the interest rate for three months. The defendant delivered to the plaintiff a promissory note on February 6, 2006.
3) On October 30, 2005, the Plaintiff loaned KRW 19,480,00 to the Defendant 2% of interest per month and until March 6, 2006 by the method of paying KRW 18,311,200 after deducting the interest rate for three months. The Defendant paid to the Plaintiff delayed payment of KRW 19,480,00 of the issuance price of the Plaintiff E, and KRW 19,280,000 of the due date, and KRW 19,80,000 of the loans extended to the Plaintiff and KRW 19,80,000,000 following the due date. Accordingly, the Defendant is obligated to pay damages for delay from February 7, 2006, the remainder of KRW 19,480,000 on the due date for repayment of KRW 19,80,000,00 following the due date.
(B) The Plaintiff clearly states that the cause of the instant claim is a loan claim, not a promissory note payment claim.
The defendant's assertion did not borrow money from the plaintiff, but the defendant introduced F to the plaintiff for the purpose of borrowing money, but only signed a promissory note at the plaintiff's request.
2. Determination and conclusion
A. Determination is based on the principle that a person who endorsements on a promissory note issued by another person shall bear only the obligations under the Bills of Exchange and Promissory Notes Act.
Therefore, the plaintiff seeking the payment of the loan bears the burden of proving that the money was lent to the defendant.
However, according to the evidence submitted by the plaintiff, only the fact that the defendant delivered a promissory note to the plaintiff after endorsement can be recognized, and the plaintiff is above the defendant.