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Reasons
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(영문) 서울중앙지방법원 2015.11.20 2015가단96860
대여금
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1. The Defendant: (a) KRW 10,200,000 for the Plaintiff and 5% per annum from October 23, 2015 to November 20, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around June 2009, the Defendant lived with the Defendant’s parents from January 201, 2010 on the premise of marriage through the marriage broker, and completed the relationship around April 2010 on the premise of marriage.

B. The Plaintiff remitted the following money to the Defendant’s account:

(2) KRW 6,070,000 on March 2, 2010 (3) KRW 7,000,000 on March 18, 2010 (4) 12,50,000 on March 25, 2010 (5) KRW 10,000 on April 1, 2010 (6,07,000), and KRW 10,000 on April 1, 2010 (6,000 on April 2, 2010) was remitted to KRW 10,00,000 on April 27, 2010 (7,00,000,000).

C. Around July 2010, the Plaintiff lent KRW 16,200,00 to the Defendant, and the Defendant repaid KRW 6,000,000 among them around April 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, evidence No. 6, purport of the whole pleadings

2. Both claims;

A. The plaintiff's assertion that ① to 8,03,570,000 won was remitted to the defendant.

C. The Defendant shall pay to the Plaintiff the amount of KRW 113,570,000 plus the amount of KRW 10,200,000,000.

B. The Defendant’s assertion 1) The money transferred to each of the above (1) through (6) is not the Defendant’s loan but the Defendant’s joint living expenses, etc. (2) above, (8) the fact of borrowing KRW 11,00,000, which was transferred to the Plaintiff. However, it was recognized that the money was repaid at that time.

3.0

In respect of KRW 10,200,000 in this subsection, both the fact of borrowing and the fact of default shall be recognized.

3. Determination

A. There is no loan certificate drawn up in regard to each of the above paragraphs (1) through (6) as one of the circumstances.

(C) If an adult male and female living together on the premise of marriage makes a monetary transaction, the existence of special circumstances, such as lending and borrowing, should be recognized. Such special circumstances in the instant case.

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