(영문) 의정부지방법원 2016.02.16 2015나50522

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(영문) 의정부지방법원 2016.02.16 2015나50522

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The fact that the Defendant borrowed KRW 5,000,000 from Nonparty B around August 8, 2013, that the Defendant purchased the equipment for “special effect Contacts for stage performances” (hereinafter “instant equipment”) from Nonparty B (hereinafter “instant equipment”) and the Defendant borrowed KRW 5,00,000 from the Plaintiff as the funds for purchasing the instant equipment on the same day. There is no dispute between the parties.

B. Whether to lend KRW 10,000,000 to the Defendant (1) The Plaintiff asserted that the Plaintiff lent the remainder of KRW 10,000,000 out of the purchase price of the instant equipment to the Defendant by having C withdraw the purchase price of the instant equipment from the Plaintiff’s funds and directly deposit the said money to the Defendant or B.

(B) The party who lent the above KRW 10,000 to the defendant is not the plaintiff but the plaintiff, and thus, the plaintiff's claim on this part is unreasonable.

(3) According to the reasoning of the judgment of the court below, Gap evidence 1 (including paper numbers; hereinafter the same shall apply) and Eul evidence 1, C withdrawn KRW 12,50,000 from the plaintiff's account on August 2, 2013, and the same month.

8. It is recognized that C remitted 10,000,000 won from its own account to B who is the seller of the instant equipment.

The above facts are as follows: (a) C appears to have withdrawn funds from the Plaintiff’s account from time to time with respect to the money to be disbursed by the Plaintiff as a person in charge of the Plaintiff’s funds; (b) C has withdrawn KRW 12,50,000 from the Plaintiff’s account at the time of the purchase of the instant equipment; and (c) the Defendant alleged that KRW 10,000,000 was the personal money of KRW C; but (c) C has no special circumstance to lend personal money that is not the Plaintiff’s money, it is reasonable to deem that the remainder of KRW 10,00,000 out of the purchase price of the instant equipment is the Plaintiff, not C.

C. According to the theory of lawsuit, the defendant extended each of the above loans to the plaintiff.

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