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Reasons
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(영문) 제주지방법원 2017.10.24 2016가단61190
대여금
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1. The Defendant: (a) KRW 28,500,000 for the Plaintiff and 5% per annum from October 31, 2016 to October 24, 2017.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion was from September 24, 2015, the Plaintiff and the Defendant agreed with it. On October 10, 2015, the Plaintiff lent KRW 20 million a lease deposit of gallon and KRW 20 million a year, which the Defendant intends to operate, to the lessor in a way that he/she directly pays to the lessor. In addition, the Plaintiff lent a large amount of money with the gallon operating funds to the Defendant.

On January 29, 2016, the Defendant prepared a loan certificate (Evidence A No. 1) stating that the Plaintiff will pay 35 million won out of the loan other than the loan amount by October 30, 2016, but paid only KRW 5 million on November 1, 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 50 million (the above annual rent of KRW 20 million + the above loan amount of KRW 35 million - the repayment amount of KRW 5 million) and damages for delay.

B. The gist of the Defendant’s assertion was around October 2015, when the Plaintiff joined with the Defendant, lent a lease deposit, annual rent, operating fund, etc. to the Defendant from around October 2015. On January 1, 2016, when the relationship with the Defendant was far from the Defendant, the Plaintiff demanded the Defendant to pay the said lease deposit, annual rent, etc., and the said borrowed amount was set at KRW 35 million.

However, after that, the Plaintiff demanded the Defendant to pay the above 35 million won to the Defendant, and the Defendant bullyingd the Defendant, the Defendant demanded the Plaintiff to provide the Plaintiff with a statement that all of the deposit, annual rent, and necessary funds should be added to the loan amount of KRW 35 million and that the Plaintiff does not demand the repayment of the other money (Evidence B No. 1).

Since then, the Defendant repaid to the Plaintiff KRW 5 million on November 2016, and KRW 200,000 on March 9, 2016, respectively, and paid KRW 1.3 million on March 9, 2016 on behalf of the Defendant.

Therefore, the Defendant’s debt to the Plaintiff is limited to KRW 28.5 million ( KRW 35 million - KRW 5 million - KRW 200,000 - KRW 1.3 million).

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