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(영문) 대구지방법원 2019.06.26 2019나1020

대여금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion was made by transferring KRW 1.7 million to Defendant C’s account on February 5, 2015, KRW 1.5 million, KRW 5 million on March 5, 2015, and KRW 4.2 million on June 8, 2015, under the name of Defendant C’s mother, who was used by Defendant B, to Defendant C’s account. On July 8, 2015, the Plaintiff paid KRW 1.6 million in cash to Defendant B and lent KRW 9 million in total.

Therefore, the Defendants are jointly and severally obligated to return KRW 9 million to the Plaintiff.

B. The Defendants asserted that they borrowed the above nine million won as asserted by the Plaintiff.

The Plaintiff, upon Defendant B’s request from Defendant B, remitted KRW 7.4 million to Defendant C, who is the mother of the said Defendant, from October 2014 to March 2016.

2. Determination

A. The Plaintiff’s transfer of KRW 7.4 million to Defendant C’s account upon Defendant B’s request does not conflict between the parties, but there is no evidence to acknowledge the Plaintiff’s assertion that the Plaintiff paid KRW 1.6 million to Defendant B on July 8, 2015.

Therefore, among the money claimed by the Plaintiff, the amount deemed to have been paid to the Defendants is KRW 7.4 million.

B. The plaintiff asserts that the above money is a loan, and the defendants asserted that the defendant Eul transferred the money received from the plaintiff's multiple accounts at the above defendant's request.

1) A loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such a kind, quality, and quantity (Article 598 of the Civil Act). As such, there must be an agreement between the parties as to the above point. In relation to the receipt of money, the cause of the receipt is a loan for consumption, and the other party is different.

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