beta
(영문) 대구지방법원 2018.04.06 2016가단37959

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On November 29, 2006, the Plaintiff lent the business fund of KRW 33.3 million to the Defendant at the interest rate of KRW 1.1 million per month. The Defendant paid interest by June 2007, but did not thereafter pay the interest and principal.

Therefore, the defendant is obligated to pay the above loan and the agreed interest thereon to the plaintiff.

B. The Plaintiff and the Defendant received a real estate investment scheme from Nonparty C, and agreed to invest in real estate development projects proposed by the Plaintiff, Defendant, and Nonparty D together.

Accordingly, on November 29, 2006, the Defendant transferred KRW 33,330,000 from the Plaintiff, and KRW 333,34,00 from D to the E bank account, the spouse of C on the same day.

Therefore, the above KRW 33,300,000, which the Plaintiff remitted to the Defendant, is not a loan from the Plaintiff.

2. The fact that the plaintiff remitted 33.3 million won to the defendant on November 29, 2006 does not dispute between the parties.

As to whether the above KRW 33,33,00,00 which the Plaintiff remitted to the Defendant is a loan, the following facts are acknowledged by the statement of Nos. 1 through 4 (including the serial number) and the witness D’s testimony: (i) not only the Plaintiff on November 29, 2006 but also D were remitted KRW 33,34,00 to the Defendant; (ii) the Defendant wired the Defendant’s total sum of KRW 100,000 to the money transferred from the Plaintiff and D on the same day; (iii) the said money was transferred to the Defendant’s bank account; (iv) the Defendant testified that the said money was not a loan but an investment loan; and (iv) the Plaintiff and the Defendant did not prepare a loan certificate regarding KRW 33,330,00 among the Plaintiff and the Defendant; (iv) the Defendant remitted KRW 333,3333 on July 5, 2007 to the Plaintiff on the same day, but it is difficult to view the said money as the principal and interest of the Plaintiff transferred to the Defendant.