대여금
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.
1. The plaintiff's assertion
A. Upon the request of Defendant C, who was related to the Plaintiff’s representative member, the Plaintiff lent a total of KRW 50,000,000 to Defendant B, who was the children of Defendant C, including KRW 30,000,000 on August 9, 2007, and KRW 20,000,000 on February 5, 2008, and Defendant C jointly and severally guaranteed this.
(hereinafter referred to as “instant amount of KRW 50,000,000” B.
On January 31, 2008, the Plaintiff, a creditor of Defendant B, lent the same amount of money to Defendant B by paying for materials and processing costs of KRW 5,931,783 in lieu of material and processing costs, which was jointly and severally guaranteed by Defendant C.
(2) Although there is no dispute as to the fact that the above money was given and received money between the parties as to the claim amounting to KRW 50,000,000 on February 2, 200, the Plaintiff’s assertion that the said money was lent to the Plaintiff is proved by the burden of proof as to the fact of the lending when the Defendant contests against the Defendant.
(See Supreme Court Decision 2017Da37324 Decided January 24, 2018). In full view of the following: (a) No dispute exists between the parties; or (b) the entire purport of the entries and arguments in subparagraph 1-1, 3, 4, and 6, the Plaintiff remitted total of KRW 50,000,000 to the agricultural bank account in the name of the Defendant B, including KRW 30,000,000,000, etc., on August 9, 2007.
However, the defendants are not loans, but around that time, the total amount of KRW 50,000,000 introduced to the plaintiff by the defendant C reaches approximately KRW 1.5 billion and there is dispute that the plaintiff was paid for the above money. The plaintiff was a person who did not receive a loan certificate from the defendants. However, despite the possibility that the plaintiff's accounting problem may arise, lending to an individual the sum of KRW 50,000 without any documentary evidence such as a loan certificate or a joint and several surety, it is a transaction behavior belonging to this case, and the age of the defendant B was less than 23 years.