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Reasons
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(영문) 광주지방법원 장흥지원 2017.02.08 2016가단104
대여금
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1. The Defendant’s KRW 13,00,000 as well as 5% per annum from January 15, 2016 to February 8, 2017 to the Plaintiff.

Reasons

1. Summary of the parties' arguments;

A. On May 9, 2011, the Plaintiff’s assertion lent KRW 40 million to the Defendant, and around three occasions on January 2012, the Plaintiff lent KRW 2 million in cash to the Defendant, KRW 19 million, and KRW 3 million in total, to the Defendant.

However, the Defendant paid only KRW 10 million to the Plaintiff on August 23, 2012, KRW 10 million, KRW 10 million on March 4, 2015, and KRW 20 million on a total. The Defendant shall pay the Plaintiff the unpaid loan amount of KRW 26.9 million and damages for delay.

B. The Defendant’s assertion as to the fact of lease 1) had borrowed KRW 30 million from the Plaintiff on May 9, 201, but the Defendant did not borrow KRW 6.9 million in total from the Plaintiff on three occasions on January 2012. In addition, the Defendant merely borrowed KRW 5 million from the Plaintiff on October 22, 2012. 2) The Defendant asserted as to the fact of repayment (i) the Defendant repaid KRW 30 million in total to the Plaintiff on March 4, 2015, respectively.

Therefore, the defendant's unpaid balance is only five million won.

2. Determination

A. Determination 1 on the amount of loans) The Plaintiff loaned KRW 30 million to the Defendant on May 9, 201 is under dispute between the parties. The Plaintiff asserted that on May 9, 201, the Plaintiff lent KRW 10 million to the Defendant more than the above KRW 30 million, but the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. 2) In full view of the written evidence No. 4 and the purport of the entire pleadings in the testimony of the witness C, the Plaintiff may recognize the fact that around January 2012, the Plaintiff borrowed KRW 30 million from C and re- lent it to the Defendant.

Although the Plaintiff asserts that around January 2012, the Plaintiff lent the above KRW 3.9 million to more than the above KRW 3.9 million, the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it.

3) Ultimately, a loan that the Plaintiff loans to the Defendant (hereinafter “the instant loan”).

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