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(영문) 광주지방법원 2020.09.10 2020가단504164

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Around April 2019, the gist of the Plaintiff’s assertion: (a) the Plaintiff’s children, through E, worked as an employee in C Co., Ltd. (hereinafter “Co., Ltd.”); and (b) upon the Defendant’s request that the said company be established and operated, the Plaintiff borrowed KRW 31 million in total to the Defendant by remitting KRW 20 million to the deposit account in the name of E on April 30, 2019; and (c) on June 28, 2019, KRW 11 million to the deposit account in the name of E.

At the time, the Defendant agreed to pay the principal of the loan in 52 installments, along with interest at the rate of 3.8% per annum from August 2019 to the date of full payment.

The defendant allowed E to temporarily keep 31 million won leased by the plaintiff in the deposit account in the name of E, and used E as its operating fund for its own business, including the above company, through instructions from E.

As such, the defendant bears the loan obligation of KRW 31 million against the plaintiff.

Even if the Plaintiff’s deposit account in the name of E cannot be seen as a loan to the Defendant, the Defendant used the Plaintiff’s loan through E in relation to the operation of its business entity including the said company, which constitutes unjust enrichment.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 31 million and damages for delay.

2. According to the statements in Gap evidence 3-1, 2, and 4, the fact that the plaintiff remitted 20 million won to the deposit account in the name of E on April 30, 2019, and 11 million won to E on June 28, 2019, and that Eul remitted 20 million won to the deposit account in the name of E on May 3, 2019.

However, according to the statements in Gap evidence 3-3, Eul evidence 2-1 to 4, Eul evidence 3-7, and Eul evidence 3-7, the plaintiff transfers 29 million won to the defendant by means of remitting 29 million won to the deposit account in the defendant's name on June 28, 2019.