대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The Plaintiff asserted on March 7, 2016 and around that time, the Plaintiff lent a total of KRW 28,000,000 to the Defendant and set the due date on May 7, 2016. Since the Defendant merely repaid only a part of the Plaintiff and did not fully pay the remainder after the due date, the Plaintiff’s claim against the Defendant based on the loan certificate is based on the loan certificate.
B. On December 2015, the Defendant’s assertion, the Defendant, and C et al. jointly engaged in an illegal sports competition business, and if the Plaintiff deposited operating funds, the Defendant and C et al. shared the profits accrued from betting on the private website. From among the money deposited by the Plaintiff around March 7, 2016, it is merely a receipt of a loan certificate from the Defendant to show to the other members of the Plaintiff, who are on the same day, about KRW 11,700,00,000, which suffered losses due to the Plaintiff’s failure in betting.
In other words, even if the Defendant did not actually borrow money from the Plaintiff, and even if the amount of KRW 11,700,000 is a loan, it constitutes illegal money borrowed for illegal gambling, and thus, the Plaintiff’s claim is without merit.
2. According to the statement in Gap evidence No. 1, it is recognized that the defendant borrowed KRW 11,700,000 from the plaintiff on March 7, 2016, and that the defendant agreed to repay it by May 7, 2016.
However, in full view of the following circumstances where evidence Nos. 4 and 5 revealed the purport of the entire pleadings, the Plaintiff and the Defendant appear to have invested in the Plaintiff’s money while conducting an illegal sports entertainment, and cannot be deemed to have lent KRW 11,700,000 to the Defendant. Even if it is a loan, it constitutes an illegal consideration in violation of good morals and other social order, and thus, it cannot be claimed for the return thereof.
(1) A loan certificate entered in the loan certificate shall be March 2016.