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(영문) 대구지방법원 2016.02.05 2015나307133

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the overall purport of Gap evidence No. 1-3 and Gap evidence No. 3 as to the cause of the claim, the plaintiff, on August 18, 2014, remitted KRW 9 million to the defendant's deposit account under the name of the defendant's mother, and lent the above money to the defendant. The defendant shall pay interest at 10% per annum on the above loan. On September 18, 2014, the defendant shall pay interest at 150,000 won and interest at 75,000 won (= KRW 9,00,000 ± 10% ± 12 months) to the defendant using the deposit account under the name of the defendant's mother.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 10% per annum from September 19, 2014 to the day of full payment, which is the day following the last payment of interest on the remainder of the leased principal (=9,000,000 won - 150,000 won) and the day following the last payment of interest thereon.

2. The defendant's assertion argues that the defendant did not lend the above money to the defendant, but did not have a de facto marital relationship with the defendant as a living cost.

However, there is no evidence to prove that the plaintiff had a de facto marital relationship with the plaintiff at the time of remitting the above money to the defendant, and even if two persons were de facto marital relationship at the time.

Even if it is difficult to believe that a de facto marriage spouse grants 9 million won as a means of remitting money to the account as a living cost, the defendant's argument cannot be accepted.

3. In conclusion, the plaintiff's claim of this case can be quoted on the ground of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.