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(영문) 대구지방법원 2016.09.22 2016나301262

대여금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff worked as the director of the Defendant’s B Team from August 2014 to June 2015.

B. The Plaintiff remitted to the Defendant KRW 4 million on January 28, 2015, KRW 50 million on March 3, 2015, KRW 80 million on April 8, 2015, and KRW 26 million on April 8, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion: (a) from January 28, 2015 to April 8, 2015, the Plaintiff lent a total of KRW 80 million to the Defendant; and (b) the Defendant, upon receiving the sales payment, decided to repay the said loan to the Plaintiff immediately; and (c) the Defendant, upon receiving the sales payment several times, did not repay the said loan to the Plaintiff even after receiving the sales payment.

Therefore, the defendant should pay to the plaintiff KRW 80 million and damages for delay.

B. The Defendant’s assertion that the Plaintiff gave to the Defendant is not a loan, but an investment loan.

2. The judgment-based monetary loan contract is a scarcity and an infinite contract established when one of the parties agrees to transfer money to the other party, and the other party agrees to return money to the other party. Since the defendant denies the loan agreement as to the plaintiff's assertion of lending, the burden of proving that there was a lending agreement is against the plaintiff

In full view of the following circumstances, which are acknowledged by the purport of the evidence Nos. 1 and 2 as well as the entire pleadings, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff lent the above money to the Defendant by means of the evidence submitted by the Plaintiff. In full view of the following circumstances: (a) the Plaintiff and the Defendant did not prepare any particular disposition document, such as a loan certificate and a monetary loan contract; (b) the Plaintiff extended KRW 4 million prior to the loan or received a loan certificate; (c) the Plaintiff extended KRW 50 million and KRW 26 million on two occasions; and (d) the Plaintiff recommended other employees of the Defendant company to make an investment in the Defendant.