대여금
1. The Defendant’s KRW 5,00,000 as well as 5% per annum from January 9, 2016 to July 5, 2016 to the Plaintiff.
1. Summary of the parties' arguments;
A. The Plaintiff lent KRW 62,00,000 to the Defendant’s account as follows.
(1) KRW 30,000,000 on September 10, 2012 (2) KRW 30,000,000 on April 7, 2014 (3) November 6, 2014, KRW 25,000,000 on June 13, 2015 (4)
B. The mother of the Defendant’s wife C (Marriage report on June 7, 2012) donated to the Defendant and C as living expenses and automobile purchase expenses.
2. Determination
A. The above portion of KRW 3,00,000 and KRW 4,000,00 on September 10, 2012 deposited into the account under the name of the Defendant does not conflict between the parties.
However, in light of the following circumstances, Gap evidence Nos. 1, 4, and Eul evidence Nos. 2-1, 2-2, the whole purport of the pleadings as a whole, i.e., the Plaintiff’s wife C’s mother, ② the Plaintiff transferred from February 13, 2012 to February 24, 2015 the Defendant’s same account from 10,000 to 4,000,000 won from his own same account from February 13, 2012 to February 24, 2015; ③ the transferred money was mainly used as the living expenses of the Defendant and C, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff lent the above money to the Defendant, and there is no other evidence to acknowledge this otherwise.
B. The above portion of KRW 30,000,000 on April 7, 2014, and KRW 25,000 on November 25, 2014, which was deposited in the account under the Defendant’s name does not conflict between the parties.
Furthermore, the following circumstances, i.e., ① the money transferred from time to time to the account in the Defendant’s name, ② the Defendant purchased two automobiles with the said money and registered in the Defendant’s sole name, not C, and ③ the Defendant claimed the return of the said one automobile used by C as the owner, and ④ the Defendant claimed the return of the said two automobiles used by C as the owner, i.e., a divorce lawsuit with C.