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Reasons
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(영문) 서울중앙지방법원 2016.03.30 2015나55846
대여금
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1. Revocation of a judgment of the first instance;

2. The defendant shall pay KRW 6,761,865 to the plaintiff.

3. All costs of the lawsuit are assessed against the defendant.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 4, and 6, the Solomon Savings Bank (hereinafter " Solomon Savings Bank") granted a loan of KRW 34,00,000 to the defendant on July 10, 2008, with the repayment rate of KRW 25% per annum; the defendant lost its interest as of October 2, 2009; the defendant was unable to repay the above principal and interest payment amount of KRW 45,637,873 (= principal amount of KRW 34,768,000; KRW 6,869,863) as of July 23, 2010; and the fact that Solomon Savings Bank was appointed as the trustee in bankruptcy on April 36, 2013; and the fact that the plaintiff was declared bankrupt on April 23, 2013.

Meanwhile, the Plaintiff received interest of KRW 4,120,235 from the Defendant until September 1, 2009. On July 23, 2010, the Plaintiff received dividends of KRW 34,684,397 from the Jinmon Savings Bank, and appropriated KRW 34,684,397 out of which principal, KRW 647,75 in interest, KRW 36,622 in damages for delay, and even on June 12, 2013, the Plaintiff appropriated KRW 4,847 in damages for delay.

B. According to the above facts of recognition, the Defendant is obligated to pay 6,761,865 won (i.e., 6,869,863 won - 36,622 won - 4,847 won) claimed by the Plaintiff.

2. Judgment on the defense

A. To this end, the defendant shall set up a defense that the above principal and interest obligation was fully repaid or the extinctive prescription of the above obligation has expired.

B. The defendant's defense of repayment is without merit, since there is no evidence to prove that the defendant paid damages for delay, in addition to the part where the plaintiff was paid the above principal and interest of loan as to the defense of repayment.

C. Next, as to the defense for the completion of extinctive prescription, it is caused by the health deposit and the delay of the monetary obligation.

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