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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts and determination
A. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff lent 3 million won to the defendant on February 13, 1998 at interest rate of 25% per annum, and agreed with the defendant to receive 1 million won per 13 days per month from March 13, 1998 to May 13, 1998.
Meanwhile, the Plaintiff is a person who received reimbursement of KRW 2,906,00 in total of KRW 2,387,00 on April 21, 2004 and KRW 2,906,00 on April 28, 2014.
Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff the remaining amount and damages for delay, excluding the portion of the principal and interest of the above loan that the plaintiff was paid.
B. As to this, the Defendant asserted that the above loan was lent money to the Defendant’s wife C, and that it constitutes illegal consideration, and thus, the Plaintiff cannot claim the return thereof pursuant to Article 746 of the Civil Act. However, it is insufficient to recognize that the testimony of the witness D in the first instance trial and other materials submitted by the Defendant alone were lent money to the Defendant’s wife C as alleged by the Defendant, and there is no other evidence to acknowledge this otherwise.
The defendant's above assertion is not accepted.
C. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 3,00,00 as principal and interest for six years until March 25, 2014, the amount of KRW 12,062,50 [12,00 for interest and delay damages for six years + KRW 300,000 x [3 million x (6 years x 12 months)] x (25% per annum / 12 months) x (25%) 12,156,50 won less the remainder of KRW 9,156,50 for the plaintiff's principal and interest for 3,00,000, KRW 6,153,000, KRW 3,000, KRW 3,000 as principal and delay damages, and delay damages from the principal and interest for 3,00,000, KRW 3,000,000 per annum from the date of service of this case to the date of complete payment.
Meanwhile, the defendant is jointly and severally liable with C in the judgment of the court of first instance.