beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. Facts of recognition;
A. On December 8, 2017, the Plaintiff loaned KRW 24% per annum to the Defendant on December 8, 2017 and KRW 15 million per due date determined on December 8, 2018.
(hereinafter referred to as the “instant loan”) B.
On January 8, 2018, the Plaintiff received reimbursement of the principal of the instant loan amounting to five million won from the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. The assertion and judgment
A. In light of the above facts of determination as to the cause of claim and the purport of the Plaintiff’s claim, it is reasonable to view that the Plaintiff was the person to whom interest was paid until September 21, 2018 out of the instant loan. Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the interest or interest interest at the rate of 24% per annum, which is the agreed interest rate, from September 22, 2018 to the date of full payment.
B. As to the assertion that the Defendant borrowed 1C from the Defendant’s assertion, the Defendant asserted that the Defendant could not respond to the Plaintiff’s claim because, on January 2018, C borrowed KRW 10 million from the Plaintiff with the Plaintiff’s consent, and the Defendant transferred KRW 10 million to C instead of paying the instant loan to the Plaintiff.
In light of the overall purport of the pleadings on the evidence Nos. 1, 1, 3, 5, 8-10, the Defendant sent text messages to C on January 9, 2018, 2018, 200,000 won to C on several occasions after February 11, 2018, 30,000 won to the Plaintiff for the repayment of the instant loan, and 3. The Plaintiff sent text messages to C on December 8, 2018.
④ However, while the defendant and C appear to have a considerable relationship, the plaintiff and C appear to have a relationship only once before January 2018, and they appear to have a relationship of relationship with C, and the plaintiff could not know about the credit status and the ability of repayment. ⑤