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Reasons
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(영문) 광주지방법원목포지원 2019.05.01 2018가단53611
대여금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 150 million to the Defendant, including KRW 50 million around April 7, 2005, ② KRW 10 million around April 22, 2005, ③ KRW 30 million around June 24, 2005, ④ KRW 60 million around March 27, 2007, to the Defendant.

(hereinafter “The instant loan” and, when each of the loans is classified and named, the loan may be “loan” according to the aforementioned sequence.

The Defendant paid to the Plaintiff KRW 700,000,000 each month from May 2005 and June 2005, from July 2005 to April 2007, respectively, KRW 1 million,00,000 per month, and KRW 231,40,000 per month from May 2007 to December 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff alleged that the Plaintiff loaned the Defendant the sum of KRW 1,2,000,000 to KRW 70,000 per month, and lent the interest on the loan amounting to KRW 90,000,000 per month, including the loan, KRW 1,00,000 per month, and KRW 1,50,000,000 including the loan, and determined the interest on the loan amounting to KRW 2,00,000 per month.

In other words, the principal amount of KRW 230 million paid by the Defendant to the Plaintiff was not repaid as the interest on the instant loan.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages from December 8, 2015, which is the day following the last payment date of the loan of this case 150 million won and the day following the last payment date of interest.

B. The plaintiff and the defendant did not enter into an interest agreement on the instant loan.

However, the defendant paid a total of KRW 230 million to the plaintiff by means of installment payment, including interest equivalent to 6% per annum, and thereby repaid all of the loans in this case.

3. We examine the judgment, and the defendant 1-B.

The facts that the Plaintiff paid a certain amount per month to the Plaintiff as described in the preceding paragraph are as seen earlier.

However, the above facts of recognition and the evidence presented by the Plaintiff are alone the Plaintiff and the Defendant.

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