beta
Text
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff and the defendant have worked for the same company from August 1985.
The Plaintiff, respectively, remitted to the Defendant’s account KRW 10 million on October 24, 2007, KRW 250 million on February 25, 2008, KRW 240 million on November 1, 2010, and KRW 140 million on February 8, 2013, respectively.
(1) Of the above money, the Defendant transferred KRW 100,000,000 from February 25, 2008 to February 8, 201 (hereinafter “the second payment”) KRW 140,000,000 to the Plaintiff’s account as a refund of KRW 100,000 on October 24, 2007, KRW 50,000,000 to March 28, 2009; KRW 100,000 to March 29; and KRW 24,50,000,000 to KRW 20,000 on November 1, 2010 to KRW 25,00,000 for each of the instant transactions (hereinafter “the period from December 5, 2011 to KRW 200,000,000).
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3-1, 2, Gap evidence Nos. 4, Gap evidence Nos. 5-1 through 4, Gap evidence Nos. 5-1, 2, and Eul evidence Nos. 7-1, 7-2, and Eul evidence Nos. 1, and the plaintiff's assertion that the plaintiff asserted the purport of the whole pleadings as to the whole purport of the pleading is to lend the first payment to the defendant on February 25, 2008 at 20% per annum, and the interest shall be paid on the last day of each month (or, however, from 208 to 11th of each year), while the repayment period is not separately determined, the principal shall be repaid as soon as possible at the time of the plaintiff's request, but thereafter only the interest was paid by the defendant from October 24, 2013.
In addition, on February 8, 2013, the Plaintiff, while lending the secondary payment to the Defendant on August 7, 2014, agreed to refund KRW 200 million including interest equivalent to 28.5% per annum at the above due date, but thereafter, did not receive at all the principal and interest of the loan from the Defendant.
Therefore, the defendant's total sum of the above loan principal to the plaintiff 200 million won = KRW 100 million in the primary payment = KRW 140 million in the secondary payment of KRW 100 million.