beta
(영문) 청주지방법원 2019.07.12 2019나10607

대여금

Text

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.

Reasons

1. Basic facts

A. On January 28, 2010, the Plaintiff transferred KRW 10 million to the Defendant’s account under the name of the Defendant.

B. On February 2, 2010, the Plaintiff remitted KRW 10 million to the account under C’s name (hereinafter “loan 1”).

C. On March 29, 2010, the Plaintiff transferred total of KRW 6 million and KRW 10 million on March 31, 201, to the Defendant’s account in the name of the Defendant (hereinafter “second loan”).

On January 27, 2010, the Defendant, on September 27, 2010, prepared and delivered to the Plaintiff a certificate of borrowing KRW 10 million on the condition that he/she shall be repaid from the Plaintiff to September 27, 2010, and on March 31, 2010, he/she borrowed KRW 10 million on the condition that he/she shall be repaid from the Plaintiff to February 2, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The parties asserted 1) The Defendant, around February 2010, introduced C to the Plaintiff and asked C to lend money in the name of his father hospital expenses, but the Plaintiff rejected it because it did not know of C.

However, the plaintiff borrowed money under the above name to the defendant, not C, and accordingly remitted the loan No. 1 to the account in the name of C designated by the defendant. The defendant is obligated to pay the loan No. 1 and interest in arrears to the plaintiff.

B) It is true that the Plaintiff, upon the request of the Defendant having personal relationship, ordered the Defendant to pay the second loan to the Defendant. The Defendant is obligated to pay the second loan and interest for arrears to the Plaintiff. 2) The first loan claim related to the first loan is that C borrowed from the Plaintiff, and that there is no relation with the Defendant. b) The Defendant borrowed the second loan from the Plaintiff on the condition that the Defendant would pay 300,000 won monthly interest on the second loan from the Plaintiff. However, around April 201, the commercial building operated by the Defendant.