(영문) 대전지방법원 2017.11.15 2016가단15492

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(영문) 대전지방법원 2017.11.15 2016가단15492

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 5, 201, the Defendant: (a) concluded a lease agreement on approximately 16 parcel of land, such as the land, etc., in the following cities: (b) on November 5, 201, the Defendant requested the Plaintiff to lend KRW 40,020,000 to the Plaintiff for rent payment.

Accordingly, the Plaintiff deposited KRW 40,020,00 on November 7, 201 to the Defendant’s account and lent the said money, and requested several times to the Defendant, but did not pay the money.

Therefore, the defendant is obligated to pay to the plaintiff KRW 40,020,000 and damages for delay.

2. Where a person transfers money to another person’s deposit account, etc., the remittance may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment. Therefore, the mere fact that such remittance was made cannot be readily concluded that there was the intent of the parties to the loan for consumption (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such transfer was in accord with the intent of the parties to the loan for consumption is asserted against the Plaintiff that the remittance was made based on the loan for consumption.

(see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). In light of the records on the evidence No. 1, the Plaintiff may recognize the fact that the said money was deposited into the Defendant’s account.

However, the Defendant agreed that the Plaintiff and the Defendant jointly leased approximately KRW 580,00 from D to KRW 66,70,00 for five years the land owned by them, and the KRW 3,300,00 were cultivated through E and F, and the KRW 2,50,00 was to be cultivated by the Defendant, and the rent of KRW 40,020,00 for three years in advance, and the remainder for two years was paid by December 30, 2014, and the lease was concluded under the sole name of the Defendant.

However, since the cultivated area of the Plaintiff and the Defendant is approximately 3:2,000 won, 40,020,000 won, which is paid in advance, shall be paid in preference to the Plaintiff, and the said money shall be paid in the Defendant’s account that the

참조판례

-대법원 2012. 7. 26. 선고 2012다30861 판결

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