대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff wired the Defendant’s account KRW 10 million on March 3, 2014, KRW 12 million on May 13, 2014, KRW 30 million on May 13, 2014, and KRW 8 million on May 15, 2014.
B. The Defendant remitted the Plaintiff’s account KRW 600,000,000 to the Plaintiff’s account, KRW 350,000,000 to May 8, 2015 and KRW 350,000 to May 9, 2015, KRW 50,000 on June 20, 2014, KRW 40,000 on July 1, 2014, and KRW 2.55,00,000 to October 35, 2014.
C. C (Defendant’s omission) remitted a total of KRW 600,000 won to the Plaintiff’s account on October 20, 2014 and February 18, 2015, respectively. D.
On March 6, 2017, the Plaintiff sent to the Defendant a content-certified mail demanding the repayment of KRW 30 million by April 4, 2017.
[Ground of recognition] Unsatisfy, Gap evidence No. 1-4, the purport of the whole pleadings
2. Summary of the parties’ assertion on the cause of the claim
A. The plaintiff lent KRW 30 million to the defendant, but the defendant did not pay it.
Therefore, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 30 million and damages for delay.
B. The Defendant’s lending or investment of KRW 30 million is not the Defendant but C.
The Plaintiff remitted money to the passbook in the name of the Defendant because at the time C was unable to use his own account due to health overdue premium, etc., and used the Defendant’s account.
3. Determination
A. According to the following circumstances, it is reasonable to view that the Defendant lent the above money from the Plaintiff to C, or caused the Plaintiff to lend the above money to C as a security (the Defendant’s solidarity or guarantee responsibility) of the Defendant’s credit, and thus, the Defendant is liable to pay the above money to the Defendant.
① The instant transaction was conducted most by the Plaintiff and the Defendant’s passbook.
② The Defendant alleged that C was unable to use the account due to the delinquency in health insurance premiums, etc., but C’s account is the Plaintiff’s account.