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(영문) 서울중앙지방법원 2015.04.22 2014나2623

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The plaintiff's assertion as to the cause of claim is that the defendant borrowed KRW 20 million from the plaintiff on August 24, 2009, but did not pay it until now. Thus, the defendant is liable to pay the plaintiff the loan amount of KRW 20 million and the delay damages.

Judgment

According to the evidence evidence No. 5, although the plaintiff transferred 20 million won to the defendant's account (the citizen bank C, hereinafter "the account of this case") on August 24, 2009, the plaintiff is recognized as having transferred 20 million won to the defendant's account, it is insufficient to recognize that the above fact of recognition alone is a loan to the defendant, and there is no other evidence to prove otherwise in light of the following circumstances, which are acknowledged as comprehensively considering the overall purport of pleading No. 1 through 3, No. 1-2, and No. 6:

① On November 17, 2008, the Plaintiff loaned KRW 20 million to the Defendant by means of account remittance (hereinafter “first lending”).

(2) In the event of the first loan, the Plaintiff did not properly explain the reason why the loan certificate was not issued, and it is difficult to obtain the loan without setting the due date or interest unlike the first loan. ② The Defendant appears to have made a clerical error in light of the amount of KRW 200,000,000,000,000, which was remitted on August 24, 2009, when the first loan was not repaid, as the Plaintiff’s assertion, if the loan was additionally lent in excess of KRW 20,000,000,000,000,000,000,000,000 won.

The agreement to pay interest was made and the interest was actually paid in good faith.

However, there is no financial data from which interest was paid to KRW 20 million, which was remitted on August 24, 2009.

③ The instant account in which the Defendant received a remittance of KRW 20 million on August 24, 2009 is the Defendant’s account in which the primary loan was remitted.