대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff and the Defendant filed a criminal complaint with the Defendant on charges of: (a) the Plaintiff, from around 200 to from around 2017; (b) the Plaintiff, on August 9, 2016, KRW 60 million; and (c) KRW 200 million (hereinafter “the instant money”) totaling KRW 200 million on October 27, 2016, respectively, transferred to the Defendant, respectively; and (d) the Plaintiff, “the Defendant, by threatening the Plaintiff to inform the Plaintiff of the internal relationship with the Plaintiff, thereby threateninging the Plaintiff to other family members, including the Plaintiff’s wife; and (e) the Prosecutor in charge did not have any dispute as to the transfer of the instant money, and thus, there is insufficient evidence to acknowledge that there is a lack of dispute between the parties to the indictment and the Defendant, or that there is no dispute over the purport of the entire indictment No. 213, Nov. 7, 2019.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion was threatened from May 2016 to October, and loaned KRW 200 million in total to the Plaintiff for the Defendant’s business funds. As such, the Defendant is obligated to pay the Plaintiff the said KRW 200 million and its delay damages. On the other hand, around March 2011, the Defendant paid KRW 200 million in total each of KRW 100 million around KRW 200,000,000, around 2013 and around 2015, with respect to the lending of a check, around March 4, 2011. The summary of the Defendant’s assertion is that the Defendant issued the Plaintiff a check of KRW 200,000 at face value and lent the check to the Plaintiff on March 4, 2011.
The amount of KRW 100 million paid by the Plaintiff around 2013 is a donation made by the Defendant as the second child's marriage expenses, and KRW 100 million paid around July 2015 is the interest of the existing loan or living expenses.
B. There is no dispute as to the fact that money has been received between the parties to the judgment.