대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The parties' assertion
A. On November 19, 201, the Plaintiff, the Plaintiff’s spouse, and the Defendant, the Defendant, the Plaintiff’s spouse of F, as well as KRW 75,00,000,000, totaling KRW 75,000,000, on February 25, 2011, the Plaintiff borrowed KRW 75,000,000 to the Defendant’s account under the name of the Defendant.
However, the defendant or C paid only KRW 29,000,000 among them to the plaintiff.
Therefore, the Defendant is liable to pay the Plaintiff KRW 46,000,000 (=75,000,000 - 29,000,000) and damages for delay.
Even if the Defendant is not deemed to have borrowed KRW 75,00,000 from the Plaintiff, the Defendant is obligated to pay KRW 46,000,000 to the Plaintiff as a person presumed to have used the said money together with the Plaintiff while living together with C in a marital relationship with C, and is presumed to have used the said money together with the Plaintiff.
B. Defendant 75,00,000 won is that the Plaintiff, C, and D, etc., were to establish a legal entity, and the Defendant did not borrow money from the Plaintiff.
2. The following facts can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 to 4 and 8.
The Plaintiff remitted total of KRW 75,00,000,000 to the Defendant on November 19, 201 and KRW 50,000,00 on February 25, 201.
B. The Defendant remitted totaling KRW 22,00,000,000 to the Plaintiff on April 2, 2015, and KRW 10,000,000 on December 28, 2015, and KRW 10,00,000 on June 27, 2016.
C. The Defendant transferred totaling KRW 7,00,000,000 to the Plaintiff on February 13, 2018, when he/she was appointed as the representative director at the time of the establishment of April 12, 2006, and was the Defendant’s auditor at the time of transfer as of February 13, 2018, and since the date of transfer as of December 28, 2018, the Defendant was an outside director, as of February 13, 2018.
C On June 14, 2019, during the instant lawsuit pending, the Plaintiff agreed to pay KRW 45,000,000 to the Plaintiff on September 30, 2019 and issued this confirmation document.