(영문) 서울동부지방법원 2020.12.18 2020나591

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(영문) 서울동부지방법원 2020.12.18 2020나591

대여금 등

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The Defendant-Counterclaim Plaintiff’s appeal is dismissed.

Upon a counterclaim filed by this Court, the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The assertion;

A. The plaintiff asserted that ① on September 10, 2004, ② on March 24, 2005, ② on March 15, 2000, ③ on November 14, 2005, ④ on March 10, 2006, ④ on April 26, 2006, ⑤ on April 26, 2006, ⑤ on April 30, 2007, the plaintiff lent the principal from the plaintiff to the U.S., and ② on July 22, 2008, the plaintiff lent the loans from the C-gu to the U.S., with the defendant's request, to pay the loans to the defendant up to 3 million won, respectively.

Therefore, the defendant is obliged to pay to the plaintiff 3 million won and the damages for delay from the next day of the service of the original copy of the payment order of this case.

[Plaintiffs made oral payments with the Defendant for more than ten years. The interest rate was set orally, and even when the Defendant repaid the principal, the object was not clearly specified. The Plaintiff arranged that the principal was repaid in order borrowed by the Plaintiff, and expressed his/her intent to claim only the principal because the calculation of the unpaid interest was too complicated (see, e.g., Claim 1). B., the Defendant borrowed KRW 115,00,000 from the Plaintiff as above.

2) The Plaintiff asserted that the interest was set at 12% per annum on seven occasions by lending money to the Defendant, and that this was invoked as the Defendant’s interest. 3) The Plaintiff did not pay the interest in time to the Defendant, and the Defendant had the Defendant join the 2nd unit around 2011, and the Defendant paid KRW 80,000 per month to the Plaintiff for one year.

However, since the plaintiff did not pay the money to be received by the defendant and acquired it by fraud, this money shall also be deemed to have been repaid to the plaintiff.

4. Ultimately, on June 5, 2012, the final repayment date, interest rate is 12% per annum of the amount repaid by the Defendant to the Plaintiff.

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