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(영문) 광주지방법원 2020.06.11 2019나4324
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant maintained a pro-friendly relationship, such as meta at a meeting, with the right time after the elementary school.

B. Upon the Plaintiff’s request and solicitation, the Defendant concluded 7 insurance contracts related to insurance products sold by C.

On the other hand, around February 2017, the Plaintiff delivered the order of a bath clause equivalent to KRW 800,000, and KRW 1,163,800, in consideration of the Plaintiff’s expenses, as a house where the Defendant performed a director and remodeling work.

C. Upon receiving a request for a monetary loan from the Defendant, the Plaintiff wired or paid to the Defendant KRW 3,00,000 on March 17, 2017, KRW 500,000 on April 17, 2017, and KRW 500,000 on June 2, 2017.

Defendant’s above provision to the Plaintiff around March 2018

(c) returned KRW 2,00,000, out of the stated money.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 1-1-7, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the claim for a loan, the plaintiff lent a total of KRW 4,00,000 to the defendant in response to the defendant's request for a loan, and thereafter, it can be recognized that the defendant received reimbursement of KRW 2,00,000 from the defendant, barring any special circumstance, the defendant is obligated to pay the plaintiff the loan amounting to KRW 2,00,000 and delay damages.

B. The Plaintiff asserts that the Plaintiff sought payment of the said money because he received a request from the Defendant and paid KRW 1,163,800 to the Defendant on February 2017, among the goods delivered by the order for payment of the price for the goods. However, the Plaintiff asserted that the said money was paid on behalf of the Defendant. However, the following circumstances, which can be known in full view of the facts of recognition and the purport of the entire pleadings, namely, ① the Plaintiff and the Defendant, while maintaining a friendly relationship with the Plaintiff, enter into several contracts of insurance and pay the insurance money to the Plaintiff at their request, and the Plaintiff’s director.

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