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Reasons
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(영문) 서울중앙지방법원 2015.09.22 2014가단5193950
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff's assertion is that the defendant 130,000,000 won on August 26, 2008, and the same year.

9. 12.10,000,000 won was determined and lent as 1% per each month.

From September 24, 2008 to September 17, 2012, the amount repaid by the Defendant in the order of interest and principal shall be appropriated as shown in the attached Form, and if the principal is paid, the amount shall remain 41,380,565 won, and the interest accrued until September 26, 2014 shall be 13,069,370 won.

Therefore, as to the Plaintiff’s total sum of KRW 54,49,935 as well as KRW 41,380,565 as to the principal and interest of KRW 54,449,935 as well as KRW 41,380 as to the principal and interest of KRW 13,069,370 as to the Plaintiff, the Defendant shall pay damages for delay from the day following the delivery of a copy of the claim

B. The Defendant’s assertion that KRW 140,000,000 that the Plaintiff paid to the Defendant is not a loan, but an investment amount.

Despite the loss of the above investment amount, the Defendant considered the relation with the Plaintiff and ordered the Plaintiff to pay the principal of the investment amount to the Plaintiff as the Defendant incurred losses. Thus, the Plaintiff’s claim is unreasonable.

2. There is a dispute between the parties as to the nature of the money that the plaintiff paid to the defendant. The plaintiff must prove that the above money is a loan and that the plaintiff agreed to the interest rate of 1% per month.

According to the evidence of evidence Nos. 1 through 4, it is recognized that the plaintiff remitted to the defendant the amount of KRW 130,000,000 on August 26, 2008, and KRW 10,000,000 on September 12, 2008, and that the defendant remitted each month to the plaintiff from September 2008 to December 2009.

However, after September 2012, the Plaintiff and the Defendant did not prepare a loan certificate for the above KRW 140,000,000; the Defendant transferred money to the Plaintiff in an irregular manner from January 2010; the Defendant paid KRW 1,000,000 to the Plaintiff; and the Defendant urged the Defendant to repay the loan by way of content certification, etc. after the instant lawsuit was filed (as of July 7, 2014).

(b).

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