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Reasons
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(영문) 서울고등법원 2015.07.22 2014나2035004
대여금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. From August 2001 to September 2006, the Plaintiff lent money exceeding KRW 100,000,000 to the Defendant by setting the amount of KRW 100,000,000 to 3% per interest month without setting the due date for repayment on August 2001. The Defendant repaid a reasonable amount of money among them.

In settling the above loans on October 25, 2005, the Plaintiff and the Defendant settled that the Plaintiff loaned KRW 50,000,000 to the Defendant as interest rate of 3% per month without setting the due date.

(2) The Plaintiff loaned the Defendant KRW 30,000,000 on March 25, 2006, and KRW 20,000,00 on March 28, 2006 to the interest rate of KRW 3% on a monthly basis without setting the due date for repayment. ② On August 18, 2006, the Plaintiff loaned KRW 20,000,000 on August 24, 2006 to the Defendant as interest rate of KRW 3% without setting the due date for repayment.

(1) On September 29, 2006, the Plaintiff, on September 29, 2006, lent KRW 40,000,00 to the Defendant as interest rate of KRW 3%, without setting the due date.

(4) However, the Defendant did not pay only interest accrued until December 31, 2008 on the total amount of KRW 190,000,000 ( KRW 50,000,000,000) for the loans of KRW 1 through 3 loans ( KRW 40,000,000) and the subsequent interest and the loan principal.

B. Around January 22, 2007, the Plaintiff loaned KRW 50,000,000 to the Defendant at the rate of 5% per month without setting the due date.

(hereinafter referred to as “fourth-loan claim”). The Defendant paid only interest on the fourth-loan claim until December 31, 2008, and did not pay the interest and principal thereafter.

C. (1) The Plaintiff set the loan from July 2007 to September 2008 as 5% to 12% of interest per month without having set the due date for repayment; (1) lent KRW 100,000,000 to the Defendant on July 25, 2007 (hereinafter “the fifth loan claim”); and (2) lent KRW 100,000,000 on February 29, 2008.

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