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(영문) 의정부지방법원 2016.09.21 2015가합55783

대여금

Text

1. As to KRW 138,200,000 and KRW 80,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 15, 2015 to September 21, 2016.

Reasons

1. The plaintiff asserts as follows.

① Around September 2002, the Plaintiff lent a total of KRW 34 million to the Defendant. Around November 22, 2004, the Plaintiff additionally lent a total of KRW 40 million to the Defendant with the Plaintiff’s personal taxi sales proceeds, and KRW 20 million on November 22, 2004, and KRW 40 million on December 1, 200, respectively.

After that, the Defendant paid interest on the loan by September 2007, and thereafter did not pay interest. Accordingly, the Defendant shall pay to the Plaintiff a total of KRW 132 million, the principal and interest on the loan.

② On October 9, 2007, the Plaintiff, together with the Defendant, lent KRW 20 million to the Defendant for the purpose of paying part of the deposit for the lease deposit.

③ On May 11, 2011, the Plaintiff paid KRW 11 million to the Defendant as a reserve. As such, the Defendant ought to pay the Plaintiff KRW 11 million and interest thereon.

④ On January 20, 2009, the Plaintiff paid KRW 30 million to the Defendant as a reserve. As such, the Defendant should pay KRW 30 million to the Plaintiff and its interest.

⑤ From February 1, 2006 to May 1, 2015, the Plaintiff paid a total of KRW 27.6 million as an occasional reserve. As such, the Defendant shall pay the Plaintiff KRW 27.6 million and its interest.

2. A loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in the same kind, quality, and quantity (Article 598 of the Civil Act). It is natural that the other party agrees to the above point.

(Supreme Court Decision 2010Da41263, 41270 Decided November 11, 2010). In addition, in a case where money is transferred to another person’s deposit account, such transfer may be made based on various legal causes, such as a loan for consumption, a gift, and a repayment, and thus, the mere fact that such transfer was made exists that there was the intention of a party to a loan for consumption.