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(영문) 서울남부지방법원 2021.03.12 2020가단4700

대여금

Text

The defendant's KRW 21,500,000 to the plaintiff and its 5% per annum from April 28, 2020 to March 12, 2021.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are middle school Dongs.

B. On April 2016, the Plaintiff issued to the Defendant in cash the amount of KRW 30 million under the name of a casino corporation’s investment in the Philippines.

(c)

On June 9, 2016, the Plaintiff, at the Defendant’s request, remitted KRW 1 million to the Defendant’s (C’s account) on June 9, 2016, and transferred KRW 1.5 million to the Defendant’s (D’s account) on September 12, 2016.

(d)

From May 2017 to July 2018, the Plaintiff delivered KRW 1,400,000 per month to the Defendant.

During the above period, the defendant had a book on the plaintiff's office, and around October 2018, he did not leave the office any longer.

E. On December 7, 2018, the Plaintiff, while remitting KRW 20 million to the Defendant, prepared and issued the following loan certificates (No. 3, hereinafter “the loan certificates of this case”) from the Defendant.

The name of the loan certificate: B (Defendant) the resident number: (Omission) the person above shall borrow from A (Plaintiffs) the amount of KRW 50 million per day and promise to repay by June 6, 2015, and shall be held a civil criminal liability in the event that he/she is unable to repay.

As of the 6th day of each month, I shall pay the interest of KRW 500,000.

B (Defendant) signed on December 6, 2018

F. Around February 2020, the Plaintiff filed a complaint against the Defendant as a crime of fraud, but the prosecutor of the Seoul Southern District Public Prosecutor's Office (Seoul Southern District Public Prosecutor's Office) rendered a disposition of non-guilty on July 8, 2020, and the Plaintiff appealed against this and dismissed the appeal.

【Fact-finding without a dispute over recognition, Gap evidence of Nos. 1 through 5, Eul evidence of No. 1 (including branch numbers) and the purport of the whole pleadings

2. The parties' assertion

A. On December 7, 2018, the Plaintiff asserted that the Plaintiff lent KRW 20 million to the Defendant, and the Defendant agreed to recognize the Plaintiff as the loan deposit up to KRW 30 million around April 2016, when preparing and delivering the instant loan certificate.

The Plaintiff’s transfer to the Defendant on June 2016 and September 2016, to KRW 1 million, KRW 1.5 million, and KRW 14 million delivered to the Defendant from May 2017 to July 2018.

(b).