대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance.
1. The parties' assertion
A. On June 10, 2010, the Plaintiff asserted that the Plaintiff lent KRW 10 million to the Defendant with interest of KRW 180,000 per month.
The Defendant paid only 39 times interest to the Plaintiff from July 2010 to September 2013.
Therefore, the defendant is obligated to pay the above loan and interest or delay damages on the loan to the plaintiff.
B. The defendant's assertion is that the defendant's spouse C is not the defendant.
At the time of June 10, 2010, the defendant and C were living separately.
As to the money transaction of this case, the defendant has a separate account in the name of the principal, there is no reason to pay interest through the passbook of the C in the separate name.
The Defendant’s payment of interest on several occasions with his own account does not relate to this case’s monetary transaction.
2. Facts of recognition;
A. On July 3, 2008, the Plaintiff leased KRW 10 million to the Defendant as monthly interest and KRW 180,000 (the first monetary transaction). On May 3, 2010, the Defendant repaid to the Plaintiff KRW 10,000,000 from the husband’s account, which is the husband.
B. On September 25, 2008, the Plaintiff leased KRW 10 million to the Defendant with monthly interest and KRW 200,000 (the second monetary transaction). On March 28, 2011, the Defendant wired KRW 10 million to the Plaintiff from D’s account, the Defendant’s children.
C. On June 10, 2010, the Plaintiff transferred KRW 10 million to the Daegu Bank Account under C’s name.
(hereinafter “instant monetary transaction”).
D. At the time of the instant monetary transaction, C and the Defendant were legally in a marital relationship, and the Daegu Bank account in the name of C was managed by the Defendant.
E. The Defendant paid 180,000 won per month interest on the above loan to the Plaintiff via C.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5 (including branch numbers in the case of additional number), testimony of witness C of the first instance court, inquiry of the Daegu Bank of the first instance court, the purport of the whole pleadings
3. The above facts of recognition are examined.