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Reasons
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(영문) 인천지방법원 2020.01.10 2019나2735
대여금
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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay KRW 5,400,000 to the plaintiff as well as February 15, 2019.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff asserted that the Plaintiff lent KRW 42,791,096 to the Defendant on 111 occasions from August 2, 2013 to May 19, 2014. However, the said money transferred to the Defendant-friendly C’s account at the Defendant’s request.

Since then, the Defendant repaid KRW 23,400,00 on nine occasions from August 27, 2013 to January 27, 2014, the remainder KRW 19,391,096 shall be additionally repaid to the Plaintiff.

B. The Defendant alleged that the Defendant borrowed money from the Plaintiff amounting to KRW 28,800,00,000, and the Defendant repaid to the Plaintiff the amount of KRW 36,100,000, more than the above borrowed money, there is no unpaid loan to the Plaintiff.

When the defendant receives money from the plaintiff, it is recognized that the defendant uses the passbook in the name of C.

2. Determination

A. The allegations as to the lease and repayment and the amount of the loan or repayment stated in the “recognized Amount” column in the following table shall be acknowledged by evidence that there is no dispute between the parties or submitted.

The defendant's assertion (lease) amount recognized as the defendant's argument, and five million won recognized as five million won on August 2, 2013, 2013.

6. 2 million won recognized;

9. The rejection of the loan of KRW 10 million on April 1, 25, 200,000, which is recognized as KRW 500,000,000,000 on November 2, 14, 200 (limited to the defendant's receipt of money from D through the plaintiff) on November 2, 14, 200,000 won (the defendant's receipt of money from D), lack of evidence to prove that the above money is a loan under the pretext of the transfer of the said money - KRW 7 million on November 14, 191 - KRW 4 million on December 30, 300 (one million of the above money is withdrawn in cash and directly Wenenenbenenenb to the defendant) and KRW 1 million on December 30, 200,0000 on January 2, 2014.

3. 30. 30. 3 million won is not sufficient to recognize the cause of remittance and loan only with evidence No. 7 that there is no fact that Gap received money -

5. 300 thousand won recognized; and

8. The defendant's judgment as to the repayment of the loan amounting to KRW 6 million, 691,096,000,000,000,000,000 won, which is not sufficient evidence to recognize that the loan is included in the loan.

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