대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 5, 2007, the Plaintiff borrowed KRW 200,000,000 from the Agricultural Cooperative Co., Ltd. (the loan account number C; hereinafter “instant loan”), and deposited this in the Agricultural Cooperative Deposit Account (hereinafter “instant deposit account”) in the name of the Plaintiff.
On the same day, the Plaintiff issued the passbook, seal, entrance fee card, and password to the Defendant who is a student of two balls on the same day.
B. On June 5, 2007, the Defendant remitted KRW 20,285,00 to the Plaintiff from the instant deposit account.
On June 22, 2007, the Defendant withdrawn the entire deposit amount of the instant deposit account by August 17, 2007, including the withdrawal of KRW 170,000,000 from the instant deposit account.
C. On October 21, 2009, the Defendant remitted KRW 250,000,000 to the Plaintiff’s Agricultural Bank Deposit Account (E).
On November 25, 2009, the Plaintiff transferred KRW 10,000,00 from the Plaintiff’s deposit account in the name of F to the instant deposit account. On December 7, 2009, KRW 7,320,000 was withdrawn as interest for the instant loan, and KRW 2,700,000 on December 7, 2009 was transferred to the F’s deposit account in the name of F.
E. The instant loan was repaid on June 25, 2010.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The parties' assertion
A. On June 5, 2007, the Plaintiff issued the passbook, etc. to the Defendant on deposit account of KRW 200,000,000 to the Defendant. However, on the same day, the Plaintiff leased KRW 200,000 by the Defendant to repay the interest on the instant loan, and was paid KRW 20,258,000 in total with KRW 258,000 as prior interest and KRW 258,000 as well as KRW 258,00 as collateral security interest.
Then, on November 25, 2009, the Plaintiff lent 10,000,000 won from the Plaintiff’s account in the name of his wife to the instant deposit account. Of them, only the Defendant paid 2,70,000 won.
The Plaintiff’s loan amounting to the Defendant amounting to KRW 207,300,000 (=200,000,000 won - KRW 2,700,000) and this amount.