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Reasons
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(영문) 서울동부지방법원 2020.05.15 2019가단2309
대여금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 11, 2016, the Plaintiff and the Defendant agreed to lend KRW 200 million to the Defendant and to pay the Defendant the principal KRW 150 million and KRW 200 million to the Plaintiff by December 11, 2016, which is seven months after the date on which the Defendant used to construct a new building (hereinafter “instant building”).

(hereinafter “instant agreement”). (b)

However, as otherwise stipulated in the agreement of this case, the Plaintiff paid KRW 50 million to the Defendant on May 11, 2016, and the same year.

6. 22.20 million won, per year;

8. A loan was made only KRW 90 million in total on August 18, 198.

C. On July 2017, the Defendant completed the instant building and obtained approval for use, and repaid to the Plaintiff KRW 20 million on August 17, 2018, KRW 50 million on October 18 of the same year, KRW 24, 30 million on October 24 of the same year, and KRW 110 million on February 1, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. In accordance with the instant agreement, the Plaintiff asserted that: (a) transferred KRW 90 million from the account in the name of the Plaintiff to the Defendant; and (b) remitted KRW 20 million from the account in the name of D on April 3, 2017; and (c) lent KRW 110 million in total to the Defendant.

The Defendant, through the instant agreement, agreed to pay the Plaintiff the profit at the rate of “150 million won/200 million won” for the leased amount. As such, the Defendant should pay the Plaintiff a profit of KRW 82.5 million for the loans of KRW 110 million ( KRW 10 million 】 ( KRW 150 million 】 ( KRW 150 million / 200 million).

Therefore, the Defendant should pay to the Plaintiff the remainder of KRW 82,50,000,000,000,000,000 in total of KRW 19,250,000,000, which was paid by the Defendant, to the Plaintiff, after deducting KRW 110,000,000,000, which was paid by the Defendant.

B. The Defendant’s assertion that this case’s agreement became invalid due to the Plaintiff’s failure to implement the agreement.

D. 20 million won deposited in the name of D. D.

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