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Reasons
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(영문) 대전고등법원 2015.11.18 2015나1114
대여금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The plaintiff and the defendant are pro-Japanese branch (which is between elementary schools and middle schools).

B. On March 5, 2002, the Defendant drafted a cash custody certificate (Evidence 2, No. 2, No. 1) stating that the Plaintiff shall pay KRW 45 million to the Plaintiff by July 31, 2002.

C. On January 16, 2003, the Defendant drafted a letter of loan (No. 2-2) containing that the Defendant borrowed KRW 5 million from the Plaintiff, namely, the following, to the Plaintiff.

On March 5, 2004, the defendant borrowed 13 million won from the plaintiff, and the above 13 million won and above to the plaintiff on March 5, 2004

(a) KRW 45 million and above as described in paragraph 45 million;

Done at around October 31, 2004, a total of KRW 63 million, including KRW 5 million, and written evidence of cash tea and a statement of payment (Evidence A No. 2-3) containing a statement that the interest calculated at the rate of 3% per month (1.89 million) will be paid every month.

E. On April 6, 2006, the Defendant drafted a cash tea certificate (Evidence No. 2-4 of the Evidence No. 1) containing the following contents on the Plaintiff: (a) the Defendant borrowed KRW 18 million from the Plaintiff; (b) the interest shall be paid KRW 2 million per month; and (c) the date of redemption shall be December 24, 2006.

F. On December 27, 2006, the Defendant drafted a cash tea certificate (Evidence No. 2-5 of the Evidence No. 2) containing the following purport: (a) the Defendant borrowed KRW 124 million from the Plaintiff; and (b) monthly payment of interest calculated at the rate of 3% per month (3.72 million won); and (c) June 27, 2007, which contains the content that the repayment date shall be June 27, 2007.

G. On July 5, 2007, the Defendant: (a) borrowed 146,320,000 won from the Plaintiff; (b) paid monthly interest (4,389,000 won) calculated at the rate of 3% per month to the Plaintiff; and (c) written cash tea card (Evidence A No. 2-6) containing the content that the repayment date shall be December 20, 2007.

H. On October 13, 2008, the Defendant issued the following cash teas to the Plaintiff, i.e., the Defendant.

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