beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, and Eul evidence of the first instance trial witness C, the plaintiff received 10,000,000 won and lent it to the defendant with credit card around August 200, and the interest rate was 250,000 won per annum (30% per annum). The defendant paid 14,100,000 won per annum to the plaintiff and C in the name of repayment of the borrowed amount from January 25, 2002 to September 15, 2010.
(1) The defendant's assertion that 14,100,000 won paid to the plaintiff and C is paid to the plaintiff as living expenses or there was no interest agreement with the plaintiff who lives poor in the relationship with the plaintiff. (2)
Inasmuch as there is no evidence to specify when the Plaintiff lent money from August 31, 200 to the Defendant, if 14,100,00,000 won paid by the Defendant from August 31, 200 to May 13, 2005 (10,000,000 x 30% x 365 days x 4 years ± 256 days ± 365 days) is appropriated for the amount of interest [10,000 + 14,104,109,00 won paid by the Defendant from August 31, 200 to May 13, 2005] (i) it is clear in calculation that each amount of money paid by the Plaintiff cannot extinguish all the interest accrued until the date of payment, each of the above amounts to be appropriated in a lump sum).
C. Therefore, the Defendant is obligated to pay to the Plaintiff 10,04,109 won and the principal of KRW 10,000 among them, 30% per annum under the agreement from May 14, 2005 to February 24, 2015, which is the delivery date of the instant complaint, and 20% per annum from February 25, 2015 to the date of full payment.
2. Judgment on the defense
A. The defendant's claim for the plaintiff's loan was extinguished by the expiration of ten years after the date of loan.
As to this, the Plaintiff shall pay interest until September 15, 2010 to the Defendant.