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(영문) 광주지방법원목포지원 2019.06.12 2018가단3937

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 19, 2010, the Defendant prepared a loan certificate stating that “the Defendant borrowed KRW 10 million from the Plaintiff from the Plaintiff as interest on December 2010 and interest interest thereon (including deposit money) as KRW 200,000 (hereinafter “the primary loan certificate”)” (hereinafter “the first loan certificate”).

B. On August 24, 2011, the Defendant: (a) stated that “the Defendant borrowed KRW 40 million from the Plaintiff at interest rate of KRW 50,000 per annum (15% per annum) and at the maturity of payment,” “the loan certificate in this case” (hereinafter referred to as “the loan certificate in this case”).

1. The plaintiff was drawn up and ordered to work for the plaintiff.

C. Meanwhile, upon introduction by the Plaintiff, the Defendant operated a restaurant with the deposit of KRW 10 million, and lived with the Plaintiff.

On November 28, 2017, the plaintiff and the defendant sent text messages to the defendant as follows.

The phrase "Nea Don I wish to promptly close even if it is difficult for D to deposit its decision in the head of the Tong as it is, even if it is difficult for D to deposit it in the head of the Tong before it is, as D, and it is difficult for D to do so as D to do so, and finally, I would like to deposit it at the last day of this Saturday and later, I would like to deposit it at the same time, and I would like to do so at the same place only by telephone until the last day."

E. Accordingly, the Defendant sent the following text messages to the Plaintiff on November 29, 2017.

“The amount of the loan. The Defendant, on November 30, 2017, sent 10 million won to the Plaintiff’s account using smartphones, and the Plaintiff delivered the blade copy of the instant loan certificate to the Defendant, and the Defendant, with the knowledge of the blade copy received from the Plaintiff as the original copy of the instant loan certificate and received it.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Eul evidence 1.