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1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. Basic facts
A. On May 2014, the Plaintiff agreed to borrow KRW 35 million from the Defendant (hereinafter “the instant loan”) as interest 4% per month and three months due date for repayment, while raising business funds to operate the clothing retail store by leasing one-story store (hereinafter “instant store”).
B. On May 28, 2014, in order to secure the payment of the above loan loan obligation, the Plaintiff entered into a lease contract with a lease term of KRW 24 months, a lease deposit of KRW 50 million, and a lease contract with a monthly rent of KRW 250 million (hereinafter “instant lease contract”), and entered the lessee as the Defendant. After obtaining the instant lease contract, the Defendant transferred KRW 35 million to the Plaintiff on May 29, 2014.
C. On June 3, 2014, the Plaintiff borrowed KRW 10 million from the Defendant, and continued to operate the business with only a partial repayment of the principal and interest, even though the Defendant demanded the repayment of the borrowed amount after the maturity of the payment.
After December 7, 2015, D returned to the Defendant the remainder KRW 2,046,030,000,000,000,000, which was calculated by deducting the rent and unpaid electricity from the overdue charge from the lease deposit amount of KRW 50,000,00,000, pursuant to an agreement with the Plaintiff and the Defendant.
E. On the other hand, on March 10, 2015, the Plaintiff concluded a monetary loan agreement with the Plaintiff without registering credit business, and filed a complaint against the Defendant for a violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users. However, the Seoul Eastern District Prosecutors’ Office cannot be deemed to have continuously run credit business with its business nature on April 23, 2015. The Defendant’s loan amounting to KRW 35 million from May 30, 2014 to March 6, 2015, KRW 5.6 million per annum.