(영문) 수원지방법원 2016.02.05 2015나28934

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(영문) 수원지방법원 2016.02.05 2015나28934

대여금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On November 22, 2010, the Plaintiff asserted that the Defendant paid KRW 20 million to the Plaintiff by November 21, 2013, and agreed to pay KRW 10 million, which is 50% of the principal in the event of nonperformance, as interest for delay. Since the Defendant did not implement the above agreement, the Defendant is liable to pay KRW 30 million to the Plaintiff.

2. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 4 as to the cause of the claim, the plaintiff entered into an agreement with the defendant on November 22, 2010 to receive KRW 20 million from November 21, 2013 in relation to the sale and purchase of C vehicle (hereinafter "the instant agreement amount") but to receive 50% of the principal amount including interest in the event of default. Thus, the defendant is obligated to pay to the plaintiff the agreement amount of KRW 20 million and damages for delay, barring any special circumstances.

Meanwhile, the fact that the Defendant fully repaid the instant agreed amount within the due date is as follows, and therefore, the part of the Plaintiff’s interest claim amounting to KRW 10 million on the premise of the Defendant’s nonperformance of the obligation to pay the agreed amount is without merit.

3. The defendant's defense is a defense that the contract amount of this case was fully repaid within the due date, and the defendant paid the plaintiff a sum of KRW 20 million on November 24, 201, and KRW 10 million on November 28, 201, and KRW 20 million on the pretext of the repayment of the contract amount of this case, in full view of the purport of the entries and the whole arguments in subparagraphs 6-1 and 2 of subparagraphs 6-1 and 2 of Article 6-2. Thus, the defendant's defense is justified.

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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