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(영문) 광주지방법원 2017.04.21 2016가합54676
대여금
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1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from July 24, 2016 to the day of complete payment.

Reasons

1. The parties’ assertion that the Plaintiff leased KRW 300,000,000 to the Defendant on September 10, 2013 and KRW 300,000,000,000 on April 14, 2014, the Plaintiff asserts that the Defendant is obligated to pay the Plaintiff the interest and delay damages incurred from April 14, 2014.

The defendant paid KRW 300,000,000 to the plaintiff. However, this is not a loan, but a loan was received from the plaintiff's investment in the safe store operated by the plaintiff. Since the plaintiff continued to exist after the opening of the safe store, it is argued that there is no investment return or settlement amount to be paid to the plaintiff.

2. Determination

A. The fact that the Plaintiff paid KRW 300,000,000 to the Defendant on September 10, 2013 and KRW 210,000,000 on April 14, 2014 does not conflict between the parties.

In addition, comprehensively taking account of the following circumstances, the Plaintiff’s loan of KRW 300,00,00 to the Defendant (hereinafter “instant loan”) by comprehensively taking account of the evidence Nos. 1 through 5 (including each number), Nos. 4, 5, 7, and 8, the testimony by witnesses C, and the overall purport of the pleadings by the parties concerned against the Defendant (hereinafter “instant loan”). (1) After marriage with C around 2008, the Plaintiff was independent of the Defendant, the head of C high school.

(2) On September 10, 2013, the Plaintiff received a telephone from the Defendant that “whether or not there is any urgent need to pay the goods” and paid KRW 90,000,000 to the Defendant.

On April 14, 2014, the Defendant paid KRW 210,000,00 to the Defendant, stating that “The Defendant may lend money to a new store.”

(3) Although the Plaintiff and the Defendant did not have prepared a written agreement of a loan for consumption or a loan certificate, the agreement on the same kind of business between the Plaintiff and the Defendant, the agreement on the same kind of business between the Plaintiff and the Defendant, which stipulates the details of the investment obligation and the obligation, the allocation rate of the profits, the timing of settlement of the investment amount,

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