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Reasons
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(영문) 창원지방법원 2016.01.21 2014가합35402
대여금
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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The parties' assertion

A. On January 12, 201, the Plaintiff leased the Defendant KRW 493,00,000 per month interest and KRW 493,000 per annum without setting the due date.

Although the defendant paid interest from June 201 to June 201, it does not pay it thereafter.

Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay of KRW 159,720,00 in total of KRW 140,000 and KRW 19,720,000 from July 201 to November 2014 (=493,000 x 40 months) and KRW 140,000 among them.

B. The Defendant lent KRW 50 million to the Plaintiff on March 27, 2008, and KRW 200 million on May 20, 2010, and KRW 139,000,000 paid to the Defendant on January 12, 2011 for the repayment of the loan as of May 20, 201. 2) The Defendant lent KRW 450,000 to the Plaintiff from August 2009 to December 20 of the same year.

3) Therefore, the Plaintiff is obligated to pay to the Defendant KRW 50 million, KRW 61 million, among the loans extended on March 27, 2008, KRW 61 million as of May 20, 201, KRW 140 million as of January 12, 201, and KRW 2,465,000, KRW 450,000, KRW 118,000,000, KRW 45,000,000, which was lent in cash, to the Defendant.

2. The judgment of the Plaintiff: (a) remitted KRW 139,00,000 to the Defendant’s wife on January 12, 201 as a loan granted by the Plaintiff from the Bank of Korea on the security of 105 Dong 2403, Busan-gu, Busan-gu, Busan-gu, Busan-si, to the Plaintiff’s wife on January 12, 201; (b) the Defendant remitted total of KRW 2,465,000 from February 18, 201 to June 10, 201; (c) the Defendant remitted KRW 50,000 to the Plaintiff on March 27, 2008; and (d) the Defendant remitted KRW 200,000 to the Plaintiff on May 20, 2010, when the Plaintiff purchased the above apartment; or (d) there is no dispute between the parties, or as to whether the Defendant paid KRW 200 million to the Plaintiff on the security of the said apartment.

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