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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. Determination as to the cause of claim
A. Comprehensively taking account of the purport of the entire pleadings as indicated in subparagraph 1, the Plaintiff’s loaning KRW 10 million to the Defendant on July 2, 2014, as indicated in the following table, and the Plaintiff lent KRW 28.5 million (hereinafter “instant loan”) in total at least ten times until August 28, 2015, without setting the due date.
Serial Temporary loan amount of KRW 10,000,000 on July 2, 2014, 201; KRW 31.4,000,000 on July 3, 2014; KRW 4,000,500 on July 7, 2014; KRW 5,000 on October 1, 2014; and KRW 5,500,00 on March 26, 2015; KRW 6.2,00,000 on March 26, 200, KRW 7,000 on April 21, 2015; KRW 1,000 on KRW 1,00,000; KRW 1,000,000 on KRW 8,00 on August 24, 2015; and KRW 200,00 on KRW 8,00 on May 24, 2005;
B. The Plaintiff is a person who received reimbursement of KRW 10 million from the Defendant among the instant loans.
C. Therefore, according to the Plaintiff’s deposit transaction statement attached to the instant complaint as to the outstanding loan amounting to KRW 18.5 million (i.e., KRW 28.5 million - KRW 10 million) and the Plaintiff’s deposit transaction statement attached to the instant complaint from June 7, 2017 to April 10, 2018, the Plaintiff appears to have received KRW 90,000 per month from the Defendant as interest for the instant loan from June 7, 2017 to April 11, 2018.
From April 11, 2018, the following day, the Defendant is obligated to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act until April 18, 2019, which is the date of the first instance judgment, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.
If the plaintiff's primary claim for a loan is accepted, it shall not be judged separately from the plaintiff's primary claim for a return of unjust enrichment.
2. The Defendant’s argument regarding the instant loan is based on C Camp-gu vehicle with the remainder of KRW 18.5 million, excluding the loan amounting to KRW 10 million on July 2, 2014.