beta
(영문) 서울동부지방법원 2017.08.23 2016가단125461

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The remittance details were remitted from the account of C to the account of D, respectively, as follows:

The amount of KRW 25 million on July 3, 2015, KRW 10 million on July 10, 2015, KRW 15 million on July 2015, KRW 15 million on July 20, 2015, KRW 15 million on July 24, 2015, KRW 5 million on July 29, 2015, KRW 20 million on July 29, 2015, KRW 20 million on August 3, 2015, KRW 11,00 on August 11, 2015, KRW 20 million on August 18, 2015, and KRW 1,000 on August 18, 2015, is without dispute over the purport of the whole pleadings and arguments provided for in subparagraph 1.

2. The parties' assertion

A. Each of the above money of the plaintiff is leased to the defendant.

The principal and interest shall be paid in installments by the defendant, but all of them shall be calculated as repayment of principal and shall request the return of the remainder of the loan.

1) From July 3, 2015 2.25 million won to July 10, 2015, 3.5 million won to August 17, 2015, six hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five and five hundred and five hundred and five and five hundred and five hundred and five and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five and five hundred and five hundred and five hundred and five hundred and five and five hundred and five hundred and five hundred and five and five hundred and five hundred and five hundred and five and five hundred and five hundred and five and five hundred and five hundred and five hundred and five hundred and five and five hundred and five hundred and five hundred and five hundred and five and five and one five and five hundred and five and five hundred and five and five hundred and five and five and five and five hundred and five hundred and five and five and five hundred and five and five and five and one hundred won.

The defendant's respective money was not borrowed by the defendant, but was transferred to D while the plaintiff invested in E, and the plaintiff was paid allowances to C's account.

3. Determination

A. The Plaintiff is responsible for proving that each of the above money was a loan to the Defendant.

(b)in the light of the following circumstances: