(영문) 대구지방법원 2019.02.13 2018나306308



1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.


1. Basic facts

A. The Plaintiff (the name on November 19, 2014 was changed from E to A; hereinafter referred to as “Plaintiff,” regardless of whether before or after opening the name), and the Defendant came to know one another while working in the same workplace around May 2007.

B. From December 11, 2013 to April 29, 2015, the Plaintiff paid each of the corresponding amounts indicated in the “payment date” column in the table below to the Defendant on each date indicated below.

Serial 1 2013-12-11 5,00,000 22013-12-20,000 202 2014-01-02 500,000 4 2014-02-19 2,500 2014-03-03 1,500, 2000 6 2014-03-203-20 2,000 2,03-203-20 2,000 2,000 2,04-237,000,000 8-237,000 208-105-10, 90-10, 90-10, 2000 204-206-20, 010-10-40, 2010-10-408

C. On January 25, 2016, the Plaintiff sent the Defendant a D message stating “I will not make any deposit at the present time,” and the Defendant sent the Plaintiff the same day to the Plaintiff “I will am going against. I will not send the said message. I will am 20,000 won.” On January 26, 2016, the following day, the Plaintiff sent the Plaintiff KRW 20,000 to the Plaintiff.

원고는 2016. 2. 19. 피고에게 ‘핑계는 무슨, 너 빌리준 것도 대출받은 거 돌리고 돌리다 터진건데 지금 나는. 한 개도 안웃끼여. 하루종일 살기싫코 그래여. 너무 헛산거 같아서 돈 쓴것들은 다 쌩까고’라는 D 메시지를 보냈고, 피고는 같은 날 원고에게 ‘난주께. 벌어서’라는 D 메시지를 보냈다.

E. The Defendant remitted KRW 200,000 to the Plaintiff on February 25, 2016, April 1, 2016, April 201, April 26, 2016, and June 10, 2016, respectively.

F. On August 5, 2016, the Plaintiff paid KRW 1.1 million to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 4 evidence (including each number; hereinafter the same shall apply), and the result of response to the submission of financial transaction information to F Co., Ltd. at the first instance court, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff did not set the interest or the repayment period to the Defendant from December 11, 2013 to August 5, 2016.