(영문) 수원지방법원 2016.12.22 2016가단31288

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(영문) 수원지방법원 2016.12.22 2016가단31288

대여금 반환

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1. The Defendant shall pay the Plaintiff KRW 27,00,000 and the interest rate of KRW 15% per annum from July 2, 2016 to the date of complete payment.

Reasons

1. The fact that the plaintiff remitted the total amount of KRW 27,00,000 on June 23, 2006 to the account in the name of the defendant, and KRW 5,000,000 on July 3, 2006, and KRW 27,000,000 on September 14, 2006, to the account in the name of the defendant, may be recognized by integrating the whole purport of the pleadings in the statement in the evidence No. 1 (including the provisional number; hereinafter the same shall apply).

2. The plaintiff's assertion that the plaintiff agreed to pay the above 27,000,000 won to the defendant within one month, and lent it without setting interest. Thus, the defendant is obligated to pay the plaintiff a loan of 27,000,000 won and damages for delay.

The defendant, from May 2004 to May 2004, only transferred the above money to the defendant while the plaintiff was in alliance with the plaintiff while he provided the above money to the defendant. After that, the defendant, on September 2006, retired from the beauty room where the plaintiff had been working in the beauty room in order to live together with the plaintiff, and returned to Korea on October 16, 2006 to the plaintiff on October 28, 2006. The plaintiff did not contact with the defendant about about 10 years after the lapse of 10 years, and thus, the defendant did not claim that the above money is not a loan.

3. In light of the following circumstances, it is reasonable to view that the Plaintiff’s transfer of KRW 27,00,000 to the Defendant is a loan that the Plaintiff agreed to return from the Defendant at a later time.

The facts alleged by the Defendant are insufficient to reverse the recognition of the evidence of Nos. 1 to 8.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 27,00,000 and the damages for delay calculated by applying 15% per annum from July 2, 2016 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order.

① The Plaintiff, while residing in Canada, was around June 2005.

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