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(영문) 창원지방법원진주지원 2015.03.27 2014가단31574

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 20, 2013, the Plaintiff received KRW 25,000,000 from C, his father, in the Plaintiff’s account, and remitted KRW 24,000,000 to the Defendant’s corporate bank account (hereinafter “instant money”) on August 21, 2013.

B. The Plaintiff and the Defendant lived at the Defendant’s home from August 2013 to January 2013.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. On the grounds delineated below the plaintiff's assertion, the defendant shall pay the money of this case and its delay damages to the plaintiff.

On August 21, 2013, the Plaintiff lent the instant money to the Defendant.

B. On August 21, 2013, the Plaintiff donated the instant money to the Defendant under the condition that the marriage was not established. The Plaintiff and the Defendant did not reach a legal marital relationship.

3. Determination

A. The plaintiff's status

2. In order to establish the claim as a loan under a loan for consumption under the Civil Act, the Plaintiff’s intent to borrow the loan and the Defendant’s intent to borrow the loan must be implicitly agreed.

It is insufficient to view that the Plaintiff and the Defendant agreed to the effect that the instant money was a loan under a loan for consumption, with the sole statement of No. 1, at the time of delivery of the instant money, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

B. The plaintiff's status

2. It is insufficient to acknowledge that the Plaintiff donated the instant money to the Plaintiff on the condition that the Plaintiff was not able to marry, solely with the statement of No. 1 of the part concerning the bareboat assertion, and there is no evidence to acknowledge otherwise.

(1) The Plaintiff and the Defendant did not agree to return the instant money to the Plaintiff, while the Defendant received the instant money from the Plaintiff as a gift for living together or marriage. The instant money is in dispute to the effect that the Plaintiff and the Defendant did not agree to return it to the Plaintiff.

참조조문