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Reasons
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(영문) 대전지방법원 2018.10.11 2017나1552
대여금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiff was obligated to pay the said amount and damages for delay to the Plaintiff, as the Defendant did not repay the loans of KRW 15,442,00 in total from February 20, 2016 to August 8, 2016.

B. The Defendant borrowed a total of KRW 7.4 million from the Plaintiff as indicated in the table Nos. 1, 2, 3, 5, 10, and 11 as indicated in the table Nos. 1, 2, 3, 5, 10, and 11. Of them, the Defendant borrowed a total of KRW 7.4 million from the Plaintiff in cash to the Plaintiff.

In addition, as shown in the table Nos. 4, 6, and 9, the Defendant borrowed KRW 7,168,00 from the Plaintiff as the number of days repayment method. The Defendant repaid the Plaintiff’s debt Nos. 4, 6, and 7, 8, and 9 among the attached table Nos. 7, 8, and 9, and there remain KRW 2,743,000.

Therefore, the Defendant’s obligation to the Plaintiff is merely KRW 8,143,00 (= KRW 2,743,000).

2. Determination:

(a) Determination of the cause of the claim 1) Party A’s 1 and 2 evidence (including branch numbers if any; hereinafter the same shall apply);

In full view of the purport of the entire pleadings, the Defendant may acknowledge that the Plaintiff borrowed KRW 14,568,00 in total from February 20, 2016 to June 22, 2016, such as the date and amount of deposit indicated in the attached Table 1 through 11, and thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above amount and the amount of delay delay damages. (2) The Plaintiff asserted that the Plaintiff lent an additional amount of KRW 870,00 to the Defendant on August 8, 2016, but there is no evidence to acknowledge that the Plaintiff’s claim for this portion is without merit.

B. The defendant's defense 1) The defendant asserted that 7.4 million won out of the borrowed 7.4 million won as stated in Nos. 1, 2, 3, 5, 10, and 11 of the attached Table Nos. 1, 2, 3, 5, 10, and 11 was repaid in cash, but the defendant's defense does not accept this part of the defendant's defense. 2) Meanwhile, the defendant borrowed 7,168,00 won as stated in the attached Table Nos. 4, 6, and 9.

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