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Reasons
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(영문) 서울고등법원 2019.01.30 2018나2034771
대여금
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1. According to the claim that was changed in exchange in this court, the defendant shall pay to the plaintiff KRW 8,396,620 and this shall apply.

Reasons

1. Facts of recognition;

A. On December 21, 2011, the Plaintiff and the Defendant: (a) borrowed KRW 100 million from the Plaintiff on December 21, 2011; and (b) as to KRW 2,330,000, the Defendant borrowed KRW 44% from the Plaintiff; (c) borrowed KRW 85,430,00 from the Plaintiff on “interest 20%; (d) 1,533,400,000; and (e) drafted a certificate of loan with the content of paying interest (2,38,830 won) on the 20th of each month (Evidence 1; hereinafter referred to as “the first certificate; hereinafter referred to as “the amount of loan”).

(2) The above KRW 100 million was the money that C originally lent to the Plaintiff. At the time of the above loan, the Defendant decided to pay KRW 65,380 per month from December 23, 201 to the insurance premium under C’s E-insurance contract from December 23, 201.

B. On March 5, 2014, the Plaintiff and the Defendant: (a) borrowed KRW 30 million from the Plaintiff on March 5, 2014; and (b) the Defendant borrowed KRW 30 million from the Plaintiff on the same day in interest amount of KRW 682,66 per month; and (b) drafted a certificate of loan repayment on March 5, 2015.

(A) No. 2, hereinafter referred to as “the second proof of this case”).

On January 1, 2015, the Defendant drafted a letter of undertaking stating that “I, upon the Plaintiff’s request on January 1, 2015, will make up a written undertaking including the existing loan and interest accrued thereon, the sum of the loan and unpaid interest,” and “I, on December 31, 2015, promise to repay in full the full amount of KRW 40 million on December 31, 2015,” and the Defendant, on December 31, 2015.”

From December 23, 2011 to October 4, 2016, the Defendant paid to the Plaintiff money under the name of repayment for the first loan and the second loan in accordance with the instant second loan certificate. The payment date and the amount are as indicated in the “date of repayment” and “amount of repayment” in the attached appropriation, and the sum is KRW 174,771,852.

(The total of KRW 17,079,880 was paid out of the above money as insurance premium for C). E.

The defendant C.

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