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Reasons
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(영문) 춘천지방법원원주지원 2016.11.02 2015가단7342
대여금 등
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1. The Defendant’s KRW 56,00,000 for the Plaintiff and 5% per annum from October 2, 2015 to November 2, 2016.

Reasons

1. Facts of recognition;

A. Upon the request of the Defendant, the Plaintiff is a deposit account in the name of the Defendant, and the amount of KRW 30,000,000 on May 31, 201, and the same year

6. 8.3,00,000 won, and the same year.

6. 24.5,000,000 won, and the same year.

7.1 November 12, 190,000 won, and the same year.

7.12.6,00,000 won was remitted respectively.

B. The defendant is the above A.

The money transferred as stated in the subsection was used for the purpose of material purchase price, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the ground for a loan claim 1, the Plaintiff came from May 31, 201 to the same year.

7. Unless there exist special circumstances, the Defendant is obligated to pay the above money, as the sum of KRW 56,00,000,000, which was remitted to the deposit account in the name of the Defendant, five times until December, 199.

2) On May 31, 2011, the Defendant’s judgment on the Defendant’s assertion is as follows: (a) on May 31, 201, the Plaintiff’s 665.50 square meters (hereinafter “instant real estate”).

() The Plaintiff purchased the instant real estate in KRW 85,00,000 for the purchase price of KRW 56,000,000 for the down payment and intermediate payment. As such, the Plaintiff asserted to the effect that the said KRW 56,00,000,00 for the lease was not a loan, but a part of the purchase price for the instant real estate. According to the evidence No. 1, the Plaintiff purchased the instant real estate from the Defendant and the down payment of KRW 33,00,000 for the contract deposit, intermediate payment of KRW 20,000 for the intermediate payment, KRW 20,000 for the remainder payment on June 30, 201, and the remainder payment of KRW 56,00 for the purpose of payment on December 30, 2011. However, the Plaintiff’s submission of evidence Nos. 7, 1, and 3 (including the paper No. 1, 300,000) as well as the receipt of the down payment to the Plaintiff and the entire Defendant’s.

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