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Reasons
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(영문) 대구지방법원 2016.10.21 2016가단101959
대여금
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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s KRW 14% per annum from August 6, 2015 to February 1, 2016, and thereafter.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are teachers who have worked in the same school for about 15 years.

B. On October 20, 2009, the Plaintiff transferred KRW 20 million to the Defendant, KRW 20 million in the future of July 9, 2010, KRW 30 million in the name of the Defendant, KRW 30 million in the future of the Defendant on November 17, 201, and KRW 30 million in the future of the Defendant on November 18, 201.

C. In relation to the amount of remittance to the Plaintiff, the Defendant drawn up a note that the Defendant borrowed KRW 40 million on July 8, 201, and KRW 60 million on November 18, 201. D.

1) From November 25, 2009 to July 26, 2010, the Defendant paid to the Plaintiff KRW 300,000 per month interest on the said KRW 20 million; from August 26, 2010 to November 24, 201, the Defendant paid KRW 40,000 (round October 20, 2009 and July 9, 201) monthly interest on KRW 60,000 per month; from December 26, 201 to August 27, 201, the Defendant paid KRW 110,000 per month interest on the said KRW 10,000 (total remittance amount); from August 26, 2011 to August 27, 2014, KRW 200,500,000 per month to the Plaintiff, each of the said KRW 100,500,000 per month; and

3) The Defendant repaid the Plaintiff KRW 20 million on October 30, 2014, and thereafter, paid KRW 650,000 per month to the Plaintiff KRW 55 million from November 27, 2014 to August 5, 2015 (the above KRW 75 million - the above KRW 20 million). The Defendant paid KRW 650,000 per month to the Plaintiff. [In the absence of any dispute over the grounds for recognition, the entries in subparagraphs A1 through 4, and the purport of the entire pleadings.]

2. The assertion and judgment

A. According to the above facts, it is reasonable to determine that the Defendant paid KRW 45 million out of KRW 100,000,000, while borrowing KRW 100,000 in sequence from the Plaintiff and paying interest thereon.

The defendant asserts that he only introduced C to the plaintiff and that the plaintiff invested the above remittance amount to C. However, it is not enough to recognize the defendant's assertion that the plaintiff has transferred the above 20 million won (C) in the future of "C", and it can be recognized otherwise.

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