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(영문) 부산지방법원 2018.04.25 2017가합1694
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 9, 2012, the Plaintiff transferred KRW 40,000,000 to the Defendant, respectively, and KRW 100,000,000 on April 12, 2012, and KRW 16,00,000 on April 16, 2012. On May 25, 2012, the Plaintiff transferred KRW 40,000 to the Defendant under the name of one’s husband, who is the husband.

B. The Plaintiff received money from the account in the name of the Defendant or D from September 18, 2012 to January 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff loaned KRW 340,00,000 to the Defendant four times from March 9, 2012 to May 25, 2012, the Plaintiff determined the period of repayment as KRW 2 years from the next rent, and the interest as KRW 4,00,00 per month (However, the first interest payment date is from September 2012, which is six months after the first loan date).

However, since April 2016, the defendant did not pay the interest on the loan properly, and has not paid the loan until the maturity date.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 340,000,000 and damages for delay.

B. The defendant's assertion is merely investment of KRW 340,00,000 in E (hereinafter "E") through the defendant, and there is no fact that the defendant lent KRW 340,000 to the defendant.

Therefore, the plaintiff's claim for loans on the premise that the plaintiff lent KRW 340,000 to the defendant is without merit.

3. The fact that the Plaintiff remitted total of KRW 340,00,000 (hereinafter “instant money”) to the Defendant from March 9, 2012 to May 25, 2012 is as seen earlier.

However, comprehensively taking account of the following circumstances revealed in the statements Nos. 1 through 3 and 5, the fact of recognition and the evidence presented by the Plaintiff alone can be recognized as a loan of the instant money.

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