beta
(영문) 대구지방법원 2017.09.21 2016가합3274

대여금

Text

1. As to the Plaintiff, Defendant B’s KRW 190,00,000, Defendant C’s KRW 200,000,000, and each said money respectively, from April 26, 2017.

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff had Defendant B from June 7, 201 to the same year.

8. A total of KRW 170 million by up to September 29, 200,000,000 for several times;

9. As the Defendant B lent KRW 400 million to the Plaintiff, Defendant B asserts that it is obligated to pay the Plaintiff the sum of KRW 570 million (= KRW 170 million) and damages for delay.

Therefore, comprehensively taking account of the following: (a) Nos. 1 to 3, 4, 8, 2, and 1 to 3, and 4, 8, and 2; and (b) the result of the order to submit financial transaction information to the Daegu Bank in the name of the Plaintiff to the Defendant Daegu Bank (D) deposit account in the name of the Plaintiff at the deposit account in the name of the Plaintiff; and (c) the same year;

8. 17.2 million won, and the same year.

8. On August 29, 201, KRW 63 million deposited in Defendant B’s deposit account. On August 29, 201, KRW 63 million deposited in Defendant B’s deposit account and KRW 170 million deposited in Defendant B’s deposit account (= KRW 63 million in total) was deposited in Defendant B’s deposit account, etc., and the Plaintiff deposited in Defendant B’s deposit account, etc.

9. 16. The fact that cashier's checks in total amount of KRW 400 million are issued to Defendant B through Plaintiff E, who is the Plaintiff's children.

However, according to the aforementioned evidence and the purport of the entire argument, the Plaintiff and Defendant B jointly leased the first floor below the hospital building operated by the above foundation from the medical corporation F in order to use it as a funeral hall on August 31, 201, to KRW 700 million, and the Plaintiff paid the above KRW 170 million and the above KRW 400 million paid to Defendant B as a down payment and an intermediate payment out of the deposit money. As seen earlier, the Plaintiff and Defendant B did not prepare a loan certificate for each of the above money, even though they prepared a loan certificate verifying the fact of lending with respect to other money.