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(영문) 창원지방법원 2016.10.06 2015가단86899

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff lent a total of KRW 24,190,000 to the Defendant three times as follows.

Afterward, the plaintiff sought reimbursement from the defendant, but fails to perform it, and thus the return is sought by lawsuit.

① On August 31, 2007, the Defendant’s mother’s auction of 311 Dong Dong 102, Kimhae-si, Kim Jong-si, and KRW 6,690,00 to use for the auction proceeds. ② On February 21, 2011, the Defendant’s mother paid KRW 5,000,000 to the Defendant’s representative G of the architect office on behalf of the Defendant for the purpose of changing the use of “E” restaurant. ③ On February 9, 2010, the Plaintiff paid KRW 12,50,000 to the Plaintiff’s representative of the architect office on behalf of the Defendant. In full view of the purport of the copy, quotation, lease agreement, witness H’s testimony and argument attached to the Plaintiff’s certificate, the Plaintiff’s payment of KRW 6,690,00,00 to the Defendant on August 31, 207, 201; and the Plaintiff paid KRW 12,501, Jan. 1, 201001

However, in order to be a loan under a loan for consumption under the civil law, the plaintiff's intent of loan and the defendant's intent of loan should be implicitly agreed.

However, the evidence, including the above evidence, presented by the Plaintiff alone, is insufficient to recognize that there was a mutual agreement between the Plaintiff and the Defendant as to the fact that the above money was a loan under a loan for consumption between the Plaintiff and the Defendant at the time of transfer of money to the Defendant, etc., and there is no other evidence

3. In conclusion, the plaintiff's claim is rejected, and it is dismissed. It is so decided as per Disposition.

참조조문