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(영문) 서울중앙지방법원 2019.01.31 2017가단5112402

대여금

Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate of 5% from July 17, 2017 to January 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff has used money transaction by lending several accounts in the name of C.

B. On March 5, 2009, the Plaintiff deposited KRW 30,000,00 in the Defendant’s D Bank Account (E; hereinafter “Defendant’s D Bank Account”) in C’s name.

C. On November 28, 201, the Plaintiff deposited KRW 10,000,00 in the Defendant’s D Bank Account under C’s name.

On April 26, 2012, the Plaintiff deposited KRW 70,000,00 in the Defendant’s bank account.

E. On June 26, 2015, the Defendant remitted KRW 100,000,000 from the Defendant’s D Bank Account to C’s account used by the Plaintiff.

F. The Plaintiff deposited KRW 202,50 on April 24, 2015, KRW 202,50 on May 22, 2015, KRW 202,50 on June 22, 2015, KRW 202,50 on July 222, 2015, KRW 202,50 on August 22, 2015, KRW 202,50 on August 21, 2015, KRW 202,50 on September 22, 2015, KRW 202,50 on September 22, 2015, KRW 202,50 on October 22, 202, KRW 430 on November 24, 2015, KRW 30 on June 30, 2030 on June 4, 2016, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, 8, and Eul evidence 1

2. The assertion and judgment

A. The Plaintiff’s assertion on the loan claim (main claim) 1) The Plaintiff lent KRW 110,000,000 to the Defendant three times, and thereafter, the Defendant paid KRW 100,000,000 to the Defendant, and thereafter, the Defendant lent KRW 20,000,000 to the Defendant as an installment savings after the Plaintiff consented to the lending of KRW 130,000,000, and only paid KRW 100,000,000 to the Plaintiff, and thus, the Defendant paid KRW 30,00,000 to the Plaintiff and the delay damages therefrom should be paid to the Defendant.

The Plaintiff asserts that KRW 30 million remitted to the Defendant on March 5, 2009, KRW 10,000,000 remitted on November 28, 201, and KRW 70 million remitted on April 26, 2012, and KRW 70,000,000 lent to the Defendant by the Plaintiff, and the Defendant paid the said money.