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(영문) 대구지방법원 2017.01.19 2016나1777
대여금
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 29, 2013, the Plaintiff leased KRW 25,000,000 to the Defendant with the interest rate of KRW 500,000,000 as of May 31, 2014 (hereinafter “loan 1”).

B. On May 15, 2014, the Plaintiff additionally lent KRW 5,000,000 to the Defendant on May 31, 2014 (hereinafter “second lending”).

C. On July 10, 2004, the Plaintiff received KRW 20,000,000 from the Defendant’s husband, the husband of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at a rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Litigation, which is prescribed by the Plaintiff’s Act, from July 23, 2015 to the date of full payment, after deducting the amount of KRW 20,000,000 paid by the Defendant on July 10, 2004 from the amount of KRW 1,20,000 (30,000 - 20,000,000) from the remainder of the amount of KRW 30,000,00 (the amount of KRW 30,000) from July 23, 2015 to the date of full payment after the delivery of a copy of the complaint of this case as sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. On July 10, 2004, the defendant's husband D paid KRW 20 million to the plaintiff's husband C through his account in the name of the plaintiff's husband C on July 10, 2004, and the plaintiff made an agreement between the plaintiff and the plaintiff to exempt the remainder of KRW 10,000,000 (hereinafter "the agreement on exemption from obligation of this case"). Thus, the defendant asserts that the amount to be paid to the plaintiff remains no longer.

B. We examine whether there was an agreement between the Plaintiff and the Defendant on the instant debt exemption, i.e., any of the following circumstances, which can be acknowledged by the purport of the entire testimony and pleading of witness E, i.e., (i) the agreement on the instant debt exemption, has not been submitted.

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