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(영문) 대구지방법원 2014.12.24 2013나22926

대여금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The plaintiff asserted that he lent KRW 2,300,000 to the defendant on September 3, 2002 by account transfer method, KRW 8,870,000 on October 1, 2002, and KRW 2,000,00 on August 28, 2003, and the defendant did not pay the above money up to now.

In addition, the Plaintiff borrowed the Plaintiff’s credit card to the Defendant, but the Defendant did not pay the amount equivalent to KRW 3,367,617 used from April 26, 2003 to October 26, 2003.

Therefore, the defendant is obligated to pay to the plaintiff the total sum of KRW 16,538,617 and damages for delay.

2. Determination

A. In full view of the overall purport of the pleadings, the Plaintiff’s transfer of KRW 8,870,000 to the Defendant’s account on September 3, 2002, and KRW 8,870,000 on October 1, 2002, and KRW 2,00,00,000 on August 28, 2003 is recognized, taking into account the determination of the account remittance portion: (a) the statement in subparagraph 2 (including each number; hereinafter the same shall apply).

However, as shown in the plaintiff's argument that the above money was lent to the plaintiff, it is difficult to believe in light of the result of the appraisal by the appraiser C of the trial court (the above multiple statements were made to be observed in the first time after 2004 as alleged by the plaintiff) and the following circumstances, namely, ① the plaintiff and the defendant were working in the same workplace as the plaintiff and the plaintiff's living together with the defendant, and the plaintiff appeared to have worked in the same workplace in 2003 to 2004, and ② the defendant was actually transferred to the defendant's account, and most of the above money were transferred to the defendant's account again.