대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 6, 2005, the Plaintiff asserted that the Plaintiff did not specify a specific lending date to the Defendant. However, the Plaintiff’s submission of the evidence No. 5 is specified as such.
A loan of KRW 15 million has been lent, and even though the maturity date has arrived, the defendant is not fully paid the remainder of KRW 60 million, excluding KRW 45 million among them.
Therefore, the defendant is obligated to pay the above 60 million won and damages for delay to the plaintiff.
2. Determination
A. The Plaintiff, at the direction of the Defendant, remitted the Defendant’s husband’s account of KRW 15 million to the Defendant’s account on May 6, 2005, the Defendant, on June 2, 2005, prepared and delivered a loan certificate stating “one hundred million Won per day (105,000,000),” “one-day loan (105,000,000),” “a full borrowing of the above amount,” and “a certificate of borrowing by the date when the principal is collected” (hereinafter “the instant loan certificate”) to the Plaintiff is either not in dispute between the parties, or is recognized by the statements in the evidence Nos. 1 through 5, and No. 3.
B. However, as seen earlier, the Defendant asserts that the amount of KRW 1.5 million remitted was invested by the Plaintiff at the time of the introduction of the Defendant in Korea Co., Ltd. (hereinafter “Embs Korea”), which was a multi-level distributor, and the Defendant merely paid it in the name of the Plaintiff to Kbs Korea in the name of the Plaintiff, etc., on behalf of the Plaintiff, and did not borrow the said money from the Plaintiff. The Defendant asserted that the instant loan certificate was completely prepared by using the loan certificate, stating that the Plaintiff is responsible for finding the Defendant whose business environment of Kbs Korea was unknown and introducing the investment.
C. The following circumstances are acknowledged in full view of the evidence mentioned above, the results of each order to submit financial transaction information to the National Bank, and the overall purport of pleadings.
① The loan certificate of this case is one month from the time when the above KRW 15 million was deposited.