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Reasons
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(영문) 부산지방법원 2015.05.22 2014나43486
대여금
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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. The parties' assertion

A. The plaintiff's assertion 1) The plaintiff settled the principal and interest of the loan remaining until April 28, 2009 at KRW 5,640,00,00 in the amount of money transaction with the defendant as 5,640,000. The plaintiff received the loan certificate stated as the loan certificate from the defendant on December 30, 2009 and the due date of payment on December 30, 2009. 2) After then, the plaintiff additionally lent the loan amount of KRW 3,00,000 to the defendant on June 19, 2009 as interest rate of KRW 1.5% on July 27, 2009. The defendant loaned the loan amount of KRW 5,640,500,000 on October 20, 200, KRW 1.500 on interest rate of KRW 10,000 on October 10, 200, KRW 300 on August 10, 2010.

3) Therefore, the remaining principal is KRW 5,409,00, and the agreement between December 6, 2013 and December 6, 2013 is KRW 1,217,00. As such, the Defendant is obligated to pay the Plaintiff a total of KRW 6,626,00 (i.e., KRW 5,409,000) and delay damages therefor (i.e., KRW 1,217,000). (ii) The Defendant’s assertion 1) on April 28, 2009, prepared a loan certificate stating “5,640,000 won” with the Plaintiff on April 28, 2009, but the Plaintiff did not actually lend the said money on the ground that it is difficult for the Plaintiff to do so.

2. The defendant borrowed 8,730,00 won on September 5, 2006, 200 won on September 25, 2006, 2,765,00 won on September 25, 2006, and 2,910,000 won on June 19, 2009, and 8,730,000 won on July 27, 2009 as interest rate of 1.5% on January 12, 2006, and the defendant borrowed 0,530,000 won on August 17, 2007, 200, 10,000 won on September 5, 200, 200, 2000 won on September 15, 2008, 2000, 2000 won on July 27, 2009, 2005.

Therefore, the defendant does not have any obligation to repay to the plaintiff any longer.

2. Determination

A. According to the loan Gap evidence No. 1 as of April 28, 2009, it is recognized that the defendant prepared and delivered a certificate of borrowing stating that "the payment shall be made not later than December 30, 2009 (hereinafter "the certificate of borrowing of this case") to the plaintiff on April 28, 2009, in a fixed amount of KRW 5,640,000."

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