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Reasons
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(영문) 서울고등법원(인천) 2020.05.08 2019나12105
대여금 청구의 소
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1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. On June 27, 2006, the Plaintiff leased KRW 255,000,000 to the Defendant (hereinafter “the instant loan”) on September 30, 2006 (hereinafter “the instant loan agreement”). On the same day, the Defendant issued to the Plaintiff a promissory note as of September 30, 2006, with the face value 255,00,000,000, and the due date as of September 30, 2006.

B. The Plaintiff remitted KRW 20,000,000 on February 16, 2007 to the deposit account under the name of the Defendant Co., Ltd. (hereinafter “C”), and KRW 30,000,000 on February 20 of the same month. Of the above money, the Plaintiff remitted KRW 20,000,000 from D on February 16, 2007.

C. C transferred to the Plaintiff KRW 10,00,000 on September 20, 2007, KRW 10,000 on September 8, 2008, KRW 10,000 on September 27, 2008, KRW 10,000 on January 23, 2009, KRW 10,000 on January 23, 2009, KRW 10,000 on February 19, 2009, KRW 10,000 on April 3, 200, KRW 10,000 on May 26, 200, KRW 10,000 on September 10, 200 on September 29, 200, KRW 7,000 on July 10, 207, respectively.

On May 25, 201, the Defendant remitted to the Plaintiff KRW 20,000,000 (hereinafter “instant amount”) totaling KRW 6,000,000 on June 3, 2011, KRW 5,000,000 on December 2, 2011, and KRW 20,000,000 on December 19, 201 (hereinafter “instant amount”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the loan and damages for delay pursuant to the monetary loan contract of this case to the plaintiff, unless there are special circumstances.

B. The Defendant’s assertion 1) The Defendant’s assertion as to the statute of limitations is that the Defendant paid KRW 20,000,000 to the Plaintiff as repayment for KRW 20,000,00 that the Defendant borrowed from D under the name of C, among KRW 50,000,00 that the Defendant borrowed from D.

In this case.

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