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Reasons
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(영문) 창원지방법원마산지원 2015.10.16 2014가합2952
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 plaintiff's assertion

A. From December 11, 2009 to June 25, 2012, the Plaintiff lent a total of KRW 350 million over 14 times to the Defendant, who is his/her father and wife, as indicated in the following table:

Therefore, the defendant is obligated to pay to the plaintiff 50 million won on December 1, 2009 11, 2000,000,000 2. 5,000,000 on January 5, 2010 30,000 40,000 on February 26, 2010 40,00 50,000 on April 28, 2010 10,000 6. 0,000 6. 10,000 6. 0,000 6. 10,000 on May 26, 2010 20,00 0,000 around 10,000 0,000 7. 10,000,000 on October 26, 200, 2008 305;

(1) On August 20, 2015, the Plaintiff alleged that the Plaintiff lent KRW 20 million on February 26, 2010, and KRW 20 million on March 5, 2010 in the preparatory documents dated August 20, 2015. However, the Plaintiff lent KRW 40 million on February 26, 2010 in the preparatory documents dated August 28, 2015, but C borrowed KRW 26,000 on February 26, 2010 in the relevant criminal case, but it stated that the Plaintiff borrowed KRW 20 million on March 5, 2010 and KRW 20 million on March 5, 2010 in the subsequent preparatory documents. Thus, the Plaintiff alleged that the Plaintiff lent KRW 40 million on February 26, 2010 on the premise that the subsequent preparatory documents leased KRW 40 million on February 26, 206.

B. As to the amount of KRW 40 million paid as of February 26, 2010 in the above table No. 4, 2010, the Defendant is obligated to pay the Plaintiff the above KRW 40 million due to the tort or the return of unjust enrichment, even though the Plaintiff did not lend it to the Defendant.

2. Determination

A. Determination 1 on the loan assertion 1) First of all, the defendant alleged that the above content was directly borrowed from the plaintiff on February 26, 2010 (No. 4 of the above No. 1 No. 50 million won), and the amount of KRW 20 million on October 26, 2010 (No. 7 of the above Table No. 1 of the A), other than the above Table No. 1, the defendant.

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