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(영문) 수원지방법원 2019.03.21 2018나2780

대여금

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1. Revocation of the judgment of the first instance, and all of the plaintiff's main and conjunctive claims are dismissed;

2...

Reasons

1. The basic facts of the claim: ① on November 14, 2016, in order for Nonparty C, one’s own relative Nonparty C, to lend money to others and obtain interest income, the Plaintiff issued a passbook and check card in the name of the Plaintiff (hereinafter “instant account”) to C on November 14, 2016; and deposited KRW 19,375,400 to the instant account on November 30, 2016; ② on January 19, 2017, C transferred KRW 2 million (hereinafter “instant money”) to the Defendant from the instant account (hereinafter “instant financial transaction statement”) (the account’s financial transaction statement of evidence No. 1 appears to have been deposited in KRW 2,01,00,000, which appears to have been deposited, but there is no evidence to acknowledge the purport of the entire statement and the entire statement No. 1,000 won under subparagraphs 1 through 3.

2. Judgment on the plaintiff's claim

A. The plaintiff's primary claim (1) is the above claim cause, and the plaintiff issued a passbook and 19 million won card to C as above and deposited in the above account. It was intended to punish living expenses by lending money and obtaining interest income from the family-friendly C who did not open the account under his own name. The plaintiff consented to use the money he deposited in the above account only for the purpose of lending money to C. Therefore, the plaintiff lent the money transferred to the defendant to the defendant, and since the repayment period set after one month arrives, the defendant is obligated to return it to the plaintiff.

(2) As to this, the Defendant did not know the Plaintiff well, and did not have any reason to conduct monetary transactions with the Plaintiff, and the Defendant has lent KRW 2 million to C. The instant money is the money received as repayment.

(3) Therefore, the account of this case has been used.