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Reasons
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(영문) 인천지방법원 2018.02.21 2017가합54059
대여금
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1. The defendant shall pay to the plaintiff KRW 253,151,016 and KRW 228,300,000 among these costs, from July 21, 2008 to the day of full payment.

Reasons

1. According to the purport of Gap evidence No. 1, Gap evidence No. 2-1, 2, and Eul evidence No. 3, the following facts may be acknowledged.

From December 4, 2006 to June 19, 2007, the Plaintiff loaned money to the Defendant by means of remitting the sum of KRW 185,000,000 to the Defendant’s account under the name of the Defendant over eight times. On July 20, 2007, the Plaintiff agreed to additionally lend KRW 5,000,000 to the Defendant for a loan to KRW 190,000,000, the due date of repayment, interest rate of KRW 24% per annum, and interest payment date of KRW 5,00 as follows.

(2) On December 1, 2007, the transfer date of the first loan for consumption (hereinafter “the first loan for consumption”) No. 40,000,000 on December 4, 2006; 20,000 on March 12, 2007; 3, 20,000 on March 13, 200 on May 21, 2007; 25,000,000 on May 25, 2007; 30,000 on May 25, 2007; 40,000 on May 29, 200, 200 on May 5, 2007; 10,000,000 on June 5, 200, 2007; 30,000,000 on June 5, 200, 2008;

B. Since then, the Defendant requested to lend additional money, the Plaintiff loaned money to the Defendant by means of remitting the sum of KRW 112,400,000 in 11 times from August 1, 2007 to September 9, 2007, as follows, from August 1, 2007 to the account in the name of the Defendant.

(2) On August 1, 2007, on August 14, 2007, the remittance date 10,000,000 on August 14, 2007, 200, 30,000 on August 3, 17, 2007, 6,40,000 on August 17, 200, 200 on August 25, 2007; 10,50,00 on August 25, 200 on August 25, 200, 200 on June 10, 200, 200 on August 10, 200; 10,000 on July 10, 200, 200 on August 30, 200, 200,00 on August 9, 207;

2. Determination

A. The Plaintiff received KRW 74,100,00 as the principal repayment for each of the above loans from the Defendant around September 2007, and the Defendant received all the interest on each of the loans from the Defendant until February 5, 2008. In addition to the facts recognized earlier, the Defendant is a loan for consumption with the first and second loans of this case.

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