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(영문) 부산지방법원 2015.10.16 2015나2734

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant is well-known of the inspection of D in the Geumsan-gun C, Chungcheongnam-gun, and the plaintiff is a believers who attends the inspection.

B. On February 25, 2002, the Plaintiff transferred KRW 11.4 million to the Defendant’s account.

C. After that, from February 2003 to January 2009, the Plaintiff transferred a total of KRW 2.1 million to the Defendant’s account as a city gold, in total, over ten times from January 2009.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 9, purport of the whole pleadings]

2. The parties' assertion and judgment

A. On February 25, 2002, the Plaintiff asserted that the Plaintiff lent KRW 11.4 million to the Defendant, and the Defendant is obligated to pay the above loans and the damages for delay to the Plaintiff.

B. The Defendant’s assertion that the Plaintiff transferred KRW 11.4 million to the Defendant on February 25, 2002 is not a loan, but a contribution that was given to D where the Defendant is well known.

Even if the above money was loaned, the instant lawsuit was brought to the Defendant on June 13, 201, after the lapse of ten years from February 25, 2002, when the Plaintiff paid the said money to the Defendant, and the Plaintiff’s claim was not previously exercised the Defendant’s claim, and the statute of limitations has already expired.

C. The facts of recognition as seen earlier 1, Gap evidence Nos. 9, Eul evidence Nos. 1 through 3, and the following circumstances, which can show the purport of the entire argument in witness E’s testimony, i.e., the amount of KRW 1,400,00,000,00,000,000,000,000 won, did not constitute a loan contract for consumption; ② there is no circumstance that the plaintiff demanded the defendant to pay the above money for more than 12 years since he remitted the money to the defendant on February 25, 2002; ③ the plaintiff remitted the money to the defendant for more than 10,000,000 won on ten occasions from February 2, 2003 to January 2, 2009; ④ the witness E, who is the plaintiff’s birth, testified to the purport that the amount of KRW 1,400,00,00,000,00,000,00.