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(영문) 서울서부지방법원 2020.07.10 2019가단258944

대여금

Text

1. The Defendant’s KRW 35,370,000 as well as 5% per annum from December 18, 2019 to July 10, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 24, 2017, the Plaintiff transferred KRW 5 million to the account of C’s community credit cooperatives at the Defendant’s request.

B. On March 24, 2017, the Plaintiff transferred KRW 25 million to the account of C’s community credit cooperatives upon the Defendant’s request.

C. On April 3, 2017, the Plaintiff transferred KRW 5 million to the Defendant’s corporate bank account.

On April 14, 2017, the Plaintiff transferred KRW 370,000 to the Defendant’s corporate bank account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff asserts that each remittance amount stated in paragraph (1) is KRW 35,370,00 won (= KRW 5 million KRW 25,000,000 KRW 5,000 KRW 3,70,000). The defendant did not borrow the above money, and the above money is asserted that the plaintiff purchased a vinyl house in the name of the defendant under the agreement with the defendant and was merely an investment amount invested by the plaintiff with the business fund for the operation of the mountain crop farming company in the future. Thus, the plaintiff is liable to prove that each remittance amount is a loan.

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence No. 3-1 through No. 3-3, the Defendant called the Plaintiff around February 23, 2017, and then, “it is necessary to conclude a plastic house contract with D and make a down payment of KRW 5 million. However, if the contract deposit is leased with no money of KRW 40 million, the Plaintiff would sell and complete the down payment of KRW 5 million.” On February 24, 2017, the Plaintiff lent the said money to the Defendant by transferring the down payment amount of KRW 5 million to the account of the Co., Ltd. of the plastic Complex transferor, and around March 24, 2017, the Defendant lent the said money to the Plaintiff by selling the remainder of KRW 25 million to the account of the Co., Ltd., Ltd., and on March 24, 2017.”