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Reasons
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(영문) 수원지방법원 2017.07.06 2017나56728
대여금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The purport of the Plaintiff’s assertion was that the Plaintiff loaned 6% interest rate of KRW 10,00,000 to the Defendant on April 30, 2007, and 6,000 to August 10, 207, respectively. Since additional loans of KRW 6,00,000 in cash have been made thereafter, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 17,80,000 (= KRW 10,000,000 as loans of KRW 10,000 from April 30, 2007 to February 2016, 2016 as loans of KRW 1,80,000,000 from March 3, 2013 to February 30, 2007 and the total of KRW 16,000,000,000 as loans and delayed damages of KRW 16,000,00.

2. Determination

A. On April 30, 2007, the Plaintiff loaned 10,000,000 won to the Defendant on April 30, 2007 by each agreement with each of the parties concerned, with the maturity of payment until August 10, 2007, although there is no dispute between the parties concerned, the Defendant asserts that all of the above loan obligations have been repaid. Thus, in full view of the purport of the arguments as a whole, the Defendant paid interest of 10,00,000 won to the Plaintiff each month after April 30, 207, and after being issued with a cashier's checks issued on August 14, 2007, it can be recognized that the above cashier's checks have been repaid to the Plaintiff on the same date as the above loan, and the above cashier's checks have been repaid to the Plaintiff on the same date.

On August 14, 2007, the Plaintiff asserted that the Defendant issued a cashier’s check of KRW 10,000,000 at face value to the Plaintiff, who was not a loan obligation of KRW 10,000,000 on April 30, 2007, to the Plaintiff, not a loan obligation of KRW 10,000,000 on February 7, 2007. However, the Plaintiff asserted that the Defendant lent KRW 10,000,000 to the Defendant, in addition to lending KRW 10,000 on April 30, 207, as well as lending KRW 10,000 on February 7, 2007, the Plaintiff’s above assertion is with merit.

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