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(영문) 울산지방법원 2018.02.21 2017나1165

대여금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. Plaintiff 1) On August 2, 2012, the primary argument is that the Plaintiff lent KRW 100,000,000 to the Defendant on October 1, 2013. Therefore, the Defendant is obligated to pay the Plaintiff the above loan and the damages for delay. (ii) Even if the Defendant is a Dong C, not the Defendant who borrowed the above KRW 100,00,000 from the primary argument, the Defendant is entitled to pay the said loan and the damages for delay. (iii) Even if he is the Defendant’s Dong C, the Defendant is a teacher and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her his her her her her her her own

B. A person who borrowed KRW 100,000 from the Plaintiff from the Defendant is not the Defendant, and the Defendant was merely a lending of one’s account because C could not engage in passbook transactions due to credit problems.

2. Determination

A. 1) Determination as to the primary argument that there is no dispute as to the fact that the Plaintiff is able to receive money between the parties, even if the Plaintiff asserts that the cause of receiving money is a loan for consumption, and the Defendant is liable to prove that it was received due to the loan for consumption if it is disputed (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). 2) In light of the above legal principles, the Plaintiff’s transfer of KRW 100,00,000 to the Defendant account on August 2, 2012, and the Plaintiff’s passport and the Defendant’s name on which the Defendant’s account number is indicated.