(영문) 서울남부지방법원 2018.05.31 2018나102

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(영문) 서울남부지방법원 2018.05.31 2018나102

대여금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the facts without any dispute over the cause of claim No. 1 and the facts stated in the evidence No. 1, the Plaintiff loaned KRW 5,000,000 to the Defendant on March 9, 2017 (hereinafter “the instant money”). According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from September 26, 2017 to the date of delivery of the copy of the instant complaint, as sought by the Plaintiff, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. The purport of the assertion is that the Defendant repaid KRW 2,500,000 in cash to the Plaintiff on March 9, 2017, while he/she repaid KRW 2,500,000 in cash over several times by lending a total of KRW 65,00,000 from the Plaintiff, and again borrowed the instant money from the Plaintiff on the same day.

Since the Defendant repaid KRW 65,00,000 through the account remittance, the instant money was fully repaid.

B. There is no dispute between the parties that the Defendant borrowed money from the Plaintiff several times prior to borrowing the instant money, and that the Defendant repaid a total of KRW 65,00,000 to the Plaintiff through account transfer after borrowing the instant money.

However, according to the statement in Eul evidence Nos. 2, 300,000 won, 10,000, 20,0000, 5,000,0000 won, and 5,000,000 won are each lent to the defendant before the plaintiff lending the money of this case, and the defendant paid 2,50,000 won in cash on five occasions prior to the lending date of this case, and 2,50,000 won in cash on March 9, 2017. The amount of this case that the plaintiff lent to the defendant on March 9, 2017 is the sum of 2,50,000,000 won paid by the defendant and 2,50,000 won possessed by the plaintiff on the same day.

Before lending the instant money, the Plaintiff additionally lent KRW 5,00,000,000, in addition to the above KRW 65,000,000.

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