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Reasons
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(영문) 서울북부지방법원 2019.07.18 2018나2552
대여금
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1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff loaned KRW 5,00,000 to the Defendant at 12% per annum on February 1996; KRW 10,00,000 as interest per annum on March 7, 200; KRW 5,000,000 as interest per annum on March 10, 2005; KRW 5,000,00 as interest per annum on March 10, 2005; and KRW 5,00,000 as interest per annum on March 14, 207; and the Defendant loaned to the Plaintiff KRW 12% from November 13, 1997 to November 7, 2014; and the Defendant paid to the Plaintiff a total of KRW 34,002,00 as indicated below to the principal and interest on KRW 8,729,381,2888,281,289,281,288,281,287.

(1) 1,180,00 won on November 13, 1997 (2) 3. 4. 1, 120,00 won on February 4, 1998 (3) 5,347,00 won on October 2, 2002 (4) 1,45,000 won on December 29, 2004 (6) 3,00 won on March 4, 2006; 1,80,000 won on March 4, 200, 200; 1,000 won on September 10, 2006; 3,00 won on September 10, 200, 200; 3,000 won on October 90, 200, 2000; 3,000 won on June 37, 2007;

B. The Defendant alleged that the Plaintiff borrowed KRW 2,00,000 from the Plaintiff in 196, KRW 5,000,000 on March 7, 2002, KRW 5,000 on March 10, 2005, KRW 5,000,00 on March 14, 2007, and KRW 12% on March 14, 2007, respectively (hereinafter “each of the instant loans”), and did not enter into an agreement on interest rate of KRW 12% per annum at the time.

① (1) The principal and interest of KRW 2,00,00 as the principal and interest of KRW 2,00,00 which was borrowed in March 196 with payment, ② the principal and interest of the borrowed money as of March 7, 200 and March 10, 2005 as of the above payment, ② the principal and interest of the borrowed money as of March 7, 2002 and the borrowed money as of March 10, 2005, ② the above (2) the above (3) the above (4) the (5) the (5) the (5) the (5)

2. Determination

A. The plaintiff alleged that he lent KRW 10,000,000 to February 1996. However, the evidence submitted by the plaintiff alone is insufficient to recognize the fact that the defendant lent exceeding KRW 2,00,000 to the person who was the defendant, and there is no other evidence to acknowledge it.

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