청구이의
1. The plaintiff's claim is dismissed.
2. On September 6, 2017, this Court has regard to cases where a request for suspension of compulsory execution was made by this Court.
The Defendant remitted the amount of KRW 4 million to the Plaintiff on April 3, 2015, and KRW 5 million on April 6, 2015, to the Plaintiff. The Defendant asserted that the aforementioned remittance amount was a loan to the Plaintiff and filed a lawsuit claiming a loan with the Busan District Court Decision 2017Gapo6274, Seocheon-si, Kimpo-si, Incheon District Court. The fact that the said court made a decision on performance recommendation (hereinafter referred to as “decision on performance recommendation of this case”) and confirmed is no dispute between the parties.
The plaintiff asserts that since the defendant paid the above money to the plaintiff without compensation in order to obtain a sense of interest, the above money is not a loan, the decision of execution recommendation of this case is unfair.
According to the statement No. 1-3 of the evidence No. 1-3, it can be acknowledged that the plaintiff expressed his/her intent to repay the money with his/her name when he/she receives the letter with the defendant Kakao Stockholm. According to the above facts acknowledged, it is reasonable to view the above remittance amount as the defendant's loan to the plaintiff.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.