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Reasons
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(영문) 서울북부지방법원 2018.02.09 2017나30871
대여금
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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) on January 18, 2008, the Plaintiff lent KRW 120 million to the Defendant (which does not have the interest rate of KRW 1.5% per month, or the maturity date) on May 25, 2015, but transferred KRW 100 million out of the interest rate of KRW 10 million to C, etc. Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay including ① KRW 20 million out of the above loan principal, ② KRW 120 million from October 19, 2012 to February 25, 2015, ② KRW 5085 million from interest rate of KRW 50 million, ③ from February 26, 2015 to October 19, 2015.

B. Defendant’s assertion 1) The Defendant borrowed KRW 100 million from H and I, but there is no fact that the Defendant borrowed money from the Plaintiff. 2) The Defendant borrowed money from the Plaintiff for domestic affairs.

However, only KRW 100 million was borrowed, and there is no interest agreement between the plaintiff and the defendant about 1.5% per month.

2. Determination

A. 1) The Nam-gu Incheon Metropolitan City J-gu 1130.2 square meters (hereinafter “instant land”)

On August 21, 2003, K and C filed for the registration of ownership transfer on each one-half share of each of them. 2) On October 21, 2003, on the instant land, the registration of creation of a mortgage on the instant land, which was ① KRW 90 million with the maximum debt amount, ② KRW 60 million with the maximum debt amount, ② the debtor, C and I, with the mortgagee, was completed for the registration of creation of a mortgage on the instant land.

3) After borrowing a total of KRW 100 million from H and I, the Defendant promised to withdraw from the auction by paying interest and auction costs until December 20, 2008 (Evidence No. 4-1) to C, “A shall change the name of the debtor and the creditor, and shall delay the establishment of the right to collateral security (Evidence No. 4-2)” to C, “A shall set up the maximum debt amount of KRW 150,000 on the instant land as of October 8, 2003, and shall receive KRW 100,000 from the debtor C, but in fact the debtor shall be the defendant and the debtor shall also receive the loan.”

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