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Reasons
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(영문) 서울동부지방법원 2015.07.02 2014가단40597
대여금
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1. The defendant shall pay to the plaintiff KRW 43,392,712 as well as KRW 33,00,000 among them, from May 11, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff leased the following money to the Defendant at 2% per month on each of the following dates:

1) May 17, 2010: 3,00,000 won: July 29, 2010: 10,000,000 won: July 30, 2010: 10,000: 5,000,000 won: 5,000,000 won: 5,000,000 won: 6) May 31, 2012: 19, 2012; 5,000,000 won: 5,00,000,000 won: 7: 10,000,000 won on July 19, 2012; 12: 10,000,000 won: 10,000 won on December 12, 200,5, 2003: Total of KRW 30,5,5039,5,5003

B. The Defendant paid to the Plaintiff the following money to repay the leased principal on the following day:

1. On February 29, 2012: 20,000,000 won: on March 20, 2012: 5,000,000 won 3): May 19, 2013: 30,000,000 won (based on recognition: 30,000,000 won) without any dispute, and the purport of the entire pleadings;

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff a loan of KRW 33,000,000 (i.e., 63,000,000 - 30,000,000) and damages for delay at the rate of 24% per annum from December 25, 2013 to May 10, 2015, as the Plaintiff seeks, from December 25, 2013 to May 10, 2015.

B. On July 30, 2010, the defendant asserted that the interest paid from the defendant should be deducted from the above loan, since the defendant received interest of KRW 200,000 per month from C, and the plaintiff received interest of KRW 200,000 per month from the defendant as to the above loan, and made unjust enrichment. However, since there is no evidence to support the above assertion, the defendant's above assertion is without merit. 2) The defendant also asserts that he paid KRW 500,000 to the plaintiff on March 28, 2014.

In light of the purport of the entire argument in Eul evidence 1, it is recognized that the defendant paid interest of KRW 500,000 to the plaintiff on the same day, so the above argument by the defendant is reasonable.

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