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(영문) 전주지방법원 2017.07.07 2016나4887

대여금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 10,00,000 as well as the full payment with respect thereto from April 28, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in the liquor wholesale business in the Sosan City, and the Defendant operated the restaurant in the name of E in the name of Soon-gu Seoul Metropolitan Government from April 19, 201 to January 13, 2012.

B. On April 23, 2011, the Plaintiff transferred KRW 5 million to the Agricultural Cooperative account in the name of the Defendant, and KRW 5 million on May 2, 2011, respectively.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's argument and the judgment party's argument demanded that the defendant start the business of E and borrowed money on the condition of the delivery of alcoholic beverages to the plaintiff.

Accordingly, without interest agreement, the Plaintiff determined the due date for payment three months, and transferred the total amount of KRW 10 million to the agricultural bank account under the name of the Defendant to lend it.

The defendant asserted that the plaintiff's money was deposited in the Agricultural Cooperative account in the name of the defendant, and the defendant F borrowed the above account and used the money from the plaintiff.

Therefore, the defendant does not borrow the above money from the plaintiff.

Judgment

In full view of the following circumstances: (a) whether the Plaintiff lent KRW 10 million to the Defendant; and (b) whether the Plaintiff transferred KRW 10 million to the account held in the Defendant’s name immediately after the Defendant’s opening of the business, as seen earlier; and (c) comprehensively taking account of the aforementioned facts and the evidence acknowledged; (b) the evidence, the evidence, and the evidence, the evidence, and the evidence No. 3, 4, 6, and the evidence No. 3, it is reasonable to deem that the Plaintiff lent KRW 10 million to the Defendant under the condition that the Plaintiff supplied alcoholic beverages to the restaurant of the Defendant opening of the

The Plaintiff, who was engaged in alcoholic beverage wholesale business, supplied alcoholic beverages after transferring the above KRW 10 million at the Defendant’s place of business.

On May 7, 2015, the defendant argued that the plaintiff company and its representative director were not aware of the fact that he operated E.

However, the Plaintiff’s Nos. 2 and 3 (Tax Invoice issued after the Plaintiff supplied alcoholic beverages to E) respectively.