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(영문) 서울중앙지방법원 2016.09.27 2015가단5272713
대여금
Text

1. The Defendant’s KRW 70,576,214 as well as 5% per annum from April 26, 2012 to April 28, 2016 to the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion (1) on September 23, 201, at the Defendant’s request, lent KRW 70 million to the Defendant by borrowing KRW 70 million from the Yongsan Savings Bank. The Defendant agreed to bear the above loan costs and the interest on the loan.

The Defendant did not pay interest on the above loan, and the Plaintiff repaid the total amount of KRW 74,059,614 by April 26, 2012.

The Plaintiff was repaid KRW 3,483,400 as interest on the above loans by the Defendant.

Therefore, the Defendant is obligated to pay the remainder of KRW 70,576,214, which remains after deducting the interest paid from the principal and interest repaid by the Plaintiff.

(2) Meanwhile, the Defendant’s return of KRW 10 million to the Plaintiff is not a repayment of the above loan, but only the Plaintiff’s husband received money from the Defendant as the Plaintiff’s account.

B. The defendant's assertion does not borrow the above KRW 70 million from the plaintiff as the operating fund of the restaurant "D" in Gangnam-gu Seoul Metropolitan Government.

Accordingly, on January 31, 2012, the Defendant returned KRW 10 million out of the investment amount, and paid KRW 350,000 as dividends, June 4, 2012, KRW 1,083,400, and KRW 350,000,000 as dividends, June 25, 2012, KRW 350,000,000 on October 26, 2012, KRW 350,000 on April 35, 2013, and KRW 1 million on February 20, 2014.

Therefore, the plaintiff's claim is without merit.

2. Determination

A. (1) On September 23, 2011, the Plaintiff received KRW 69,221,700,000 from the Yongsan Savings Bank at an interest rate of KRW 70 million per annum and KRW 9.8% per annum, and the due date for repayment of one year. The Plaintiff received KRW 69,221,700, which was deducted from the loan, and all the said money was delivered to the Defendant.

(2) Before April 26, 2012, the Plaintiff paid only the interest on the said loan, and incurred KRW 860,655 on April 26, 2012, and repaid all the interest accrued up to that time and the principal KRW 70 million.

All principal and interest repaid by the Plaintiff is KRW 74,059,614, the principal and interest of KRW 70 million.

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