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Reasons
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(영문) 서울북부지방법원 2019.01.11 2018가단12206
대여금
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1. The Defendant’s KRW 30,500,000 as well as 5% per annum from July 25, 2018 to January 11, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On January 13, 2012, the Plaintiff transferred KRW 80,000 to the Defendant.

B. On March 5, 2012, the Defendant prepared a cash custody certificate stating “80,000,000 won,” and the Defendant issued the said amount to the Plaintiff.”

C. From May 18, 2012 to January 30, 2014, the Defendant paid a total of KRW 49,500,000 to the Plaintiff over twelve occasions.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff loaned KRW 80,000,000 to the Defendant and received only KRW 49,500,000,000. Therefore, the Plaintiff sought payment of KRW 30,500,000 and damages for delay.

B. The Defendant’s Plaintiff on January 23, 2012 and

1. The plaintiff invested KRW 80,000,00 in a performance planning project that was conducted on 24.24, but did not lend the above money to the defendant.

3. In full view of the above basic facts and the circumstances acknowledged by the statement in Gap evidence No. 5, namely, that the defendant prepared and delivered a cash storage certificate identical to the basic facts to the plaintiff, that the defendant paid to the plaintiff when compared with the date and time of the performance held by the defendant, the amount that the defendant paid to the plaintiff is expected to be repaid by the loan rather than paying the proceeds of the performance planning project to the plaintiff, that the above cash storage certificate is expected to be substituted by a pledge, and that the defendant delivered a certified copy of the real estate register owned by the defendant, who was issued on May 16, 2012, issued the plaintiff on May 16, 2012, it is reasonable to deem that the defendant concluded a quasi-loan loan agreement with the plaintiff for the purpose of the loan for consumption, with the amount of 80 million won borrowed from the plaintiff or to be paid to the plaintiff as 80 million won

Therefore, the Defendant sought interest payment of KRW 30,500,000 from July 25, 2018 to the Plaintiff, but the Plaintiff sought interest payment of KRW 5% per annum from February 1, 2014.

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