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(영문) 수원지방법원성남지원 2017.09.08 2016가단230187

대여금반환청구등

Text

1. Defendant B shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from March 15, 2017 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings as to Defendant B’s evidence Nos. 1 and 2, it is recognized that the Plaintiff remitted the amount of KRW 35,000,000 to Defendant B’s account to Defendant C and lent it to Defendant C.

Therefore, Defendant B is obligated to pay the Plaintiff the above KRW 35,00,000 and the damages for delay calculated at the rate of 15% per annum from March 15, 2017 to the day of full payment, which is the day following the day when the Plaintiff demanded the payment to Defendant B by the delivery of a copy of the instant complaint.

Meanwhile, Defendant B asserts that, upon the Plaintiff’s request, the said money should be deducted from the money that Defendant B should be repaid to the Plaintiff, on eight occasions from October 10, 2006 to June 29, 2007, since Defendant B deposited a total of KRW 17,149,200 on eight occasions.

(1) In light of the above facts, the defendant's transfer of money to the plaintiff's children to the plaintiff's children to the plaintiff's children is deemed to have been made in full view of the whole purport of the arguments in the evidences Nos. 5 and 6 (including serial numbers) of Eul, but according to the evidence No. 3, the plaintiff transferred money to the plaintiff's children to the plaintiff's children during a similar period of time. In light of these facts, the above money that the defendant transferred to the plaintiff's children on behalf of the plaintiff was judged to have been repaid to the plaintiff's children separately. Thus, it is difficult to view that there was any money to be deducted from the loan money No. 35,000,000.

Therefore, we cannot accept the defendant's above argument.

2. As to Defendant C

A. The Plaintiff is the husband and wife, and Defendant B lent KRW 35,00,000 as seen earlier, because it is necessary for Defendant B’s living expenses. This constitutes a case where Defendant B, one of the husband and wife, borrows money for daily home affairs, and thus, Defendant B, the other spouse pursuant to Article 832 of the Civil Act.