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(영문) 수원지방법원 여주지원 2017.03.08 2016가단860

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 80,00,000 and the interest rate of KRW 15% per annum from February 16, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff and the defendant are between the plaintiff and the defendant.

B. On March 15, 2010, the Plaintiff transferred KRW 100 million to a bank account in the name of C designated by the Defendant.

(hereinafter “the instant money”). C.

On March 16, 2012, the Defendant returned KRW 20 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff lent the money of this case to the defendant, but only 20 million won was refunded, so the defendant is obligated to pay the remaining amount of 80 million won to the plaintiff.

In regard to this, the defendant is the money invested by the plaintiff in the sale right of Incheon D through the defendant, and it is not a loan, so it is against the plaintiff's non-compliance with the plaintiff's claim of this case.

3. The fact that the Plaintiff remitted the instant money to the Defendant, and the fact that the Defendant returned KRW 20 million out of the instant money to the Plaintiff is as seen earlier. In addition to the following circumstances that can be seen by comprehensively taking into account the part of the evidence No. 7-1 and the purport of the entire pleadings, it is reasonable to deem that the Plaintiff lent the instant money to the Defendant. As such, the Defendant is obliged to pay the Plaintiff the remainder of the loan that deducts KRW 20 million already returned from the instant money.

① Although the Defendant asserts that the Plaintiff invested the instant money in the sale right of Incheon D, it does not specify the object of investment in detail, and it does not submit basic documents, such as a sales contract and resale contract in the name of the Plaintiff related to the investment in the sale right.

② Around December 2009, the Defendant purchased D’s sales right in KRW 127 million through E. Since the time when the Defendant purchased the sales right is three months prior to the Plaintiff’s transfer of the instant money to the Defendant, the instant money is the sales right.