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Reasons
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(영문) 부산지방법원 2018.10.24 2017나59611
대여금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff transferred the money to the account under the name of the Defendant to the account in the name of the Defendant, respectively, to KRW 10,000,000 on April 14, 2008, and KRW 10,000 on May 15, 2008.

B. The Defendant, on May 19, 2008, remitted KRW 200,000 to the account under the Plaintiff’s name, and KRW 400,000 on July 18, 2008, and KRW 400,000 on August 25, 2008, and KRW 400,000 on October 2, 2008, respectively, to the account under the Plaintiff’s name. 2) The Defendant remitted KRW 11,50,000 on January 6, 2010, and KRW 4,70,000 on May 30, 2014, respectively.

C. On September 3, 2016, the Plaintiff, including the Plaintiff’s peremptory notice on repayment to the Defendant, sent the Defendant a cell phone text message stating that the Defendant transferred money to the Defendant, as described in the foregoing paragraph (a), “Abs.e., to pay the deposited money up to the next week”; on November 30, 2016, the Plaintiff sent the Defendant with a content-certified mail stating that “absent the Defendant to pay the principal and interest” and filed the instant lawsuit against the Defendant on February 28, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 11, Eul evidence 1 (including additional number), the purport of whole pleadings

2. Summary of the parties' arguments;

A. On April 14, 2008, the Plaintiff loaned KRW 20,000,000 (hereinafter “the first loan”) to the Defendant on May 15, 2008, and KRW 20,000,000 (hereinafter “the second loan”) on May 15, 2008, with interest rate of KRW 2%, and the Defendant agreed to repay to the Defendant “when the Defendant’s kimchi factory is operated normally.”

Since the Defendant repaid the Plaintiff KRW 11,50,000 on January 6, 2010, and KRW 4,700,000 on May 30, 2014, the Defendant paid the Plaintiff KRW 26,749,983 on a total of the principal and interest remaining after appropriation for payment according to the statutory appropriation method for payment. Since the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of KRW 26,749,983 on a total of KRW 15,203,203, and the principal and interest of KRW 15,203,225 from May 31, 2014 to the date of full payment.

B. Defendant 1’s total sum of KRW 20,00,000 on April 14, 2008 and May 15, 2008.

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