beta
(영문) 창원지방법원통영지원 2019.05.30 2018가합158

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, as the Defendant’s account on July 24, 2013, transferred KRW 140 million to the Defendant’s account, KRW 50 million around March 29, 2013, KRW 60 million around May 25, 2013, KRW 20 million around June 25, 2013, KRW 30 million around July 24, 2013, and KRW 440 million around October 14, 2013 to the Defendant’s account.

On February 7, 2014, the Plaintiff received KRW 20,000 from the account under the above D’s name.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff loaned KRW 340 million to the Defendant by means of remitting money to the Defendant, the Defendant’s children, and the Defendant’s account.

Therefore, the Defendant is obligated to pay the remainder of the loan to the Plaintiff KRW 320 million.

B. In full view of the following facts and circumstances that can be acknowledged by adding the overall purport of the pleadings to the testimony of the witness E, evidence Nos. 3, 1, 2, and 3,40,000 won by the Defendant borrowed from the Plaintiff only the evidence submitted by the Plaintiff.

It is insufficient to deem that the Plaintiff was responsible for the debt owed to or against the Plaintiff, and there is no other evidence to acknowledge it.

① The above account that the Defendant received money from the Plaintiff is the account used by D.

The Plaintiff also filed an application for payment order against D with respect to KRW 180,000,000, which was remitted to the said D and C account.

(Court of Second Instance 2018Gu707). (2) The plaintiff sought the defendant and demanded the defendant to repay the debt in lieu of D's loan.

Accordingly, the defendant did not confirm the specific amount of debt to the plaintiff of D, and he did not pay the money if the land in the Do is sold at the Do's responsibility.

③ The Plaintiff demanded the Defendant to prepare a written statement to the effect that he would repay D’s debt instead of D’s debt.

However, the defendant refused this, and the plaintiff presented a paper that was not used by him, and the defendant entered his name in this place.

The original Defendant.