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Reasons
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(영문) 서울고등법원(춘천) 2015.01.28 2013나473
대여금
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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. The Plaintiff’s lending of money and the Defendants’ repayment

A. On January 26, 2006, the Plaintiff (on January 26, 2006, KRW 98,500,000,000,000,000,000,000,000 as the interest) was determined and lent to the Defendants on January 26, 2006 as the due date, 1.5% per month and January 26, 2007

(hereinafter “instant contract”). (b)

From February 28, 2006 to November 2, 2011, the Defendants paid to the Plaintiff the sum of KRW 1.35 billion on 17 occasions, as indicated in the “amount of performance” column of the attached Table of Appropriation of Performance to the Plaintiff.

(The amount repaid by the Defendant is the amount equivalent to KRW 15 million or the amount equivalent to the multiples thereof). 【Ground for Recognition】 without dispute, Gap evidence No. 1, Eul evidence No. 3, and the purport of the whole pleadings.

2. The assertion;

A. The Plaintiff’s assertion amount paid by the Plaintiff to the Plaintiff shall be preferentially appropriated for the repayment of interest and delay damages, and the remainder shall be appropriated for the principal. According to that, the principal amount of KRW 212,533,181 remains as of November 2, 201. As such, the Defendants jointly and severally pay to the Plaintiff KRW 212,53,181 and delay damages.

B. The Defendants’ assertion (1) The amount of KRW 8 million paid to E, the Plaintiff’s head at the time of the instant contract, as the introduction fee, shall be deducted from the principal pursuant to Article 8(2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users.

(2) On June 2, 2008, the Plaintiff agreed to cover the total amount of KRW 1 billion paid by the Defendants to himself/herself, and the Plaintiff’s mother F, on the same day as the Plaintiff’s mother F, prepared an agreement document (Evidence 2) on the premise of the agreement, and thereafter, the Defendants did not pay each month interest, as well as the Plaintiff did not urge the repayment.

In addition, on February 27, 2009, the Defendants sent to E a proof of the content that the principal amount of KRW 1 billion was fully repaid and the remaining interest amount was KRW 420,000,000 (Evidence 5). They did not answer to E.

. These circumstances.

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