대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On May 9, 2008, the Plaintiff remitted KRW 90 million to E’s passbook.
E transferred to the Plaintiff KRW 1.5 million on September 12, 2008, ② KRW 2.2 million on January 24, 2009, ③ KRW 3 million on October 1, 2009, ④ KRW 1500,000 on February 13, 2010, ⑤ KRW 3 million on September 20, 201, respectively, while remitting to the Plaintiff KRW 65 million on February 1, 201, and KRW 2.5 million on September 20, 201.
E Deceased on March 15, 2017 (hereinafter referred to as “the deceased”), and the Defendants, the wife and children, succeeded to the property of the deceased.
In this case, the Plaintiff asserts that, as a “loan,” KRW 90 million remitted to the Deceased, the Plaintiff was paid KRW 65 million out of the principal, and that the remainder was paid as interest payment, the Plaintiff sought reimbursement of KRW 25 million in difference in the loan.
Witness
In light of the testimony of F, the Plaintiff and F remitted money to the Deceased on the same day, and the same amount was returned equally on the same day, and the relationship between the Plaintiff, F and the Deceased, etc., it is recognized that the Plaintiff remitted KRW 90 million to the Deceased as “loan”.
Next, this paper examines the defendant's defenses of extinctive prescription.
At the time of May 9, 2008, there is no dispute between the parties as to the fact that the deceased was engaged in the pumps business under the trade name “G” as a merchant.
In addition, the plaintiff asserts that the plaintiff lent KRW 90 million to the deceased for the "business purpose" in the complaint of this case, and ② in relation to the contents certification sent by the plaintiff to the deceased's heir on February 2, 2018, the plaintiff stated that "the deceased was requested and lent the loan in the situation that the deceased was making it difficult at the time of May 9, 2008 to pay interest on the cost of the pump Capital and the principal due to its power." ③ Examining the witness F's testimony and the party's personal examination results against the plaintiff, the deceased borrowed money from the plaintiff and F for the purpose of repaying the debt incurred for his own business.