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부산지방법원 2020.02.07 2019나53792

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 1, 2017, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C as stipulated in the following: (a) lease deposit amount of KRW 20 million; (b) lease term from November 2, 2017 to November 1, 2018; and (c) the monthly rent of KRW 80,000 (management fee) from November 2, 2017 to November 1, 2018.

B. The Defendant received KRW 20 million from the Plaintiff and paid the said deposit to the lessor.

C. On November 3, 2017, the Defendant requested a lessor to terminate the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s loan is KRW 20 million that the Plaintiff paid to the Defendant as a security deposit under the instant lease agreement.

Therefore, the defendant is liable to pay the above loan and damages for delay to the plaintiff.

B. The above money that the plaintiff delivered to the defendant is not a loan but a donation to the defendant.

3. The evidence revealed prior to the determination, Gap evidence No. 3 and Eul evidence No. 1 as well as the testimony of the witness F of the first instance trial added the overall purport of the pleadings, namely, the following circumstances: ① Dong F of C concluded the instant lease agreement on behalf of the defendant on behalf of the defendant, and the court of first instance held that "the plaintiff testified to the defendant that "the plaintiff would return the deposit after the termination of the instant lease agreement" and "the plaintiff would return the deposit to the defendant," and submitted the confirmation document to the same purport; ② there is a somewhat doubtful part of the testimony of the above F; but it appears that the overall credibility of the testimony of the above F cannot be denied. ③ At the time of the conclusion of the instant lease agreement, the plaintiff and the defendant become aware of each other."