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Reasons
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(영문) 서울중앙지방법원 2017.04.10 2016나57740
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 parties' assertion

A. The plaintiff's assertion is obligated to pay to the plaintiff the remainder of 56,459,000 won and damages for delay calculated by subtracting the amount already paid by the defendant from the principal and interest of the loan, indemnity and the obligation to return unjust enrichment as follows:

1) The Plaintiff loaned KRW 20,00,000 to the Defendant around 1994, and ② from around 1996 to December 30, 1998, the Plaintiff was obligated to pay each of the above loans and the damages for delay to the Plaintiff. (2) The Plaintiff due to subrogation was jointly and severally liable for the Defendant’s above loan obligations when borrowing KRW 5,00,000 (interest KRW 1,00,000) from C on December 1, 1995, and thereafter, the Plaintiff was liable for reimbursement and damages for delay to the Plaintiff, since the Plaintiff subrogated for the above loan obligations to C from January 1, 1996 to December 30, 200.

3. On June 1996, the Plaintiff donated KRW 3,00,000 to the Defendant at the end of the Defendant’s false statement that the Plaintiff had caused an accident to the Plaintiff, and then revoked the above donation contract on the grounds of deception by the Defendant. As such, the Defendant is obliged to pay the Plaintiff the above KRW 3,00,000 and damages for delay.

B. The Defendant asserted that, around 2010, the Defendant settled the Defendant’s existing loans owed to the Plaintiff as a result of monetary transactions between the Plaintiff and the Defendant at KRW 28,00,000, and paid all of them to the Plaintiff.

In addition, the defendant did not borrow money from C on or around December 1, 1995, and there was no fact that the defendant deceivings the plaintiff to acquire 3,00,000 won of the plaintiff's assertion by deceiving the plaintiff.

2. Determination

A. The Defendant borrowed KRW 10,000,000 from the Plaintiff around 1994, as to the Plaintiff’s claim on the loan claim.

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