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Reasons
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(영문) 서울남부지방법원 2015.06.04 2014나12480
대여금
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1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3. An objection to the trial.

Reasons

1. The parties' assertion

A. On March 25, 2010, the Plaintiff, which caused the Plaintiff’s principal claim, lent to the Defendant KRW 2 million on October 24, 2008, KRW 9 million on November 10, 2008, and KRW 10 million on July 25, 2010, the Plaintiff was fully paid the principal and interest thereof. In addition, on October 10, 2002, KRW 6 million on November 20, KRW 500, KRW 1500,000 on August 29, 2008, KRW 22,50,000 on October 11, 2009, and KRW 350,000 on July 25, 201, the Defendant was obligated to pay the remainder to the Plaintiff as damages for delay.

B. The defendant's assertion and counterclaim claim as to the main claim (1) 6 million won as of October 10, 2002, 5 million won as of November 20, 2002, and 5 million won as of November 20, 2002; the extinctive prescription is already completed, or is not so.

Even if the above 6 million won was paid by the plaintiff to ASEAN (the former husband of the defendant), the plaintiff used the defendant's passbook while sending money to ASEAN, and the above 5 million won was paid by the defendant after opening a fraternity at the plaintiff's recommendation.

(B) On August 29, 2008, KRW 1.5 million; June 10, 2008, the Defendant paid KRW 2.4 million out of KRW 7.8 million to the Plaintiff’s husband (the former husband is also the mother of the Defendant) who was open on June 10, 2008. The Defendant paid KRW 1.5 million out of that amount.

(C) On October 11, 2009, KRW 10 million; the Defendant lent KRW 20 million to the Plaintiff on September 22, 2009, which received reimbursement of KRW 10 million among them.

(2) As above, the Plaintiff is rather obligated to pay to the Defendant KRW 90,000,000,000 remaining after being paid KRW 1.5 million, out of KRW 2,400,000,000 to the Defendant, and KRW 10,90,000,000 remaining after being paid KRW 1,000,000,000,000 from September 22, 2009. As such, the Plaintiff is obligated to pay the Plaintiff the amount of KRW 10,90,00 and delay damages.

2. Determination of Gap 1 to 6 (including each number), Eul 1 to 6, respectively.

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