대여금
The Plaintiff (Counterclaim Defendant) from November 7, 2009 to the Defendant (Counterclaim Plaintiff) for KRW 253,00,000 and KRW 170,00,000 among them.
The summary of the Plaintiff’s claim against Defendant B (main claim) as to the claim of this lawsuit was from November 14, 2008 to September 29, 2012, the Plaintiff lent a total of KRW 354,900,000 to Defendant B during the period from September 14, 2008 to September 29, 201. The Plaintiff subrogated the amount of KRW 10,000 to Defendant B’s borrowing of KRW 1,00,000,000, and the construction price agreed to be settled later after receiving a contract for the extension work from Defendant B.
As above, the Plaintiff owned a claim amounting to KRW 509,000 in total against Defendant B (i.e., loans amounting to KRW 354,900,000 in subrogation amounting to KRW 144,100,000 in total). The Plaintiff sought payment of KRW 214,300,000 in addition to the partial repayment amount.
Even if it is recognized that there is a delivery of money between the parties to the loan, if there is a dispute as to the lending of money, the fact of the loan shall be proved to the plaintiff who asserts that it is the cause of the loan
(Supreme Court Decision 72Da221 Decided December 12, 1972). According to the statement in Gap evidence Nos. 2 through 9, the plaintiff and the above defendant transferred money to one another through a financial account in the name of the principal or his family between November 14, 2008 and September 29, 2012. The amount transferred by the plaintiff to the defendant is the amount calculated by subtracting the sum of money paid or to be paid by the plaintiff to the defendant Eul in the statement Nos. 4 of the preparatory document dated November 17, 2017, stating "the sum of money paid or to be paid by the plaintiff to the defendant B" from KRW 509,000,000 to September 5, 2012, excluding KRW 200,000,000,000,0000, by cash delivery amount of KRW 14,141 million,000,000 won.
In fact, Defendant B disputed five of the payment details asserted by the Plaintiff. However, according to the written evidence Nos. 2 and 3, the amount of KRW 1.5 million on March 18, 2009 and KRW 2 million on April 15, 2009 was transferred from the financial account under the Plaintiff’s name to the financial account under the Defendant C’s name. On February 10, 201, the amount of KRW 10 million was transferred from the financial account under the Plaintiff’s name to the financial account under the Plaintiff’s name.