(영문) 부산지방법원 2018.10.30 2017가단34918

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(영문) 부산지방법원 2018.10.30 2017가단34918

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. The parties' assertion

A. The Plaintiff, for the multiple years, lent money to the Defendant over two to three million won as the business expenses, etc.

On March 3, 2014, the Defendant shall pay to the Plaintiff KRW 50 million as of June 30, 2014 and the interest rate of KRW 0.5% as of June 30, 2014, respectively.

“The” has drawn up a certificate of borrowing.

Therefore, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 50 million and damages for delay.

B. The Defendant did not borrow a total of KRW 50 million from the Plaintiff.

On March 3, 2014, the Defendant requested the Plaintiff to lend KRW 50 million to the Plaintiff, and the Plaintiff did not lend money to the Defendant even though the Plaintiff agreed to lend money to the Defendant for the purpose of preparing the loan certificate.

2. Determination

A. According to the statement in Gap evidence No. 1, the defendant, on March 3, 2014, borrowed 50 million won from the plaintiff on June 30, 2014 with the maturity of 50 million won, and the interest at 0.5% per month, respectively, and the interest shall be paid in a lump sum at the time of repayment, and if the repayment is impossible, hereinafter "the loan certificate of this case" with the purport of "the loan certificate of this case that "the defendant transfers part of the claim No. 90 million won to the defendant corporation C".

The fact that the document was prepared, and the loan certificate was accompanied by the certificate of the personal seal impression issued by the defendant on February 28, 2014 is recognized.

B. However, the following circumstances, which can be known in addition to the purport of the entire pleadings, are as follows: (i) the Plaintiff has lent money to the Defendant for a period of three years on several occasions under the name of business expenses, etc., but there is no evidence supporting this; (ii) the financial data remitted to the Defendant is only remitted from the Plaintiff’s account in the Plaintiff’s name on September 21, 2012 to five million won; and (iii) the Plaintiff has transferred money to a third party at the Defendant’s request, but there is no evidence supporting this.

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