(영문) 서울서부지방법원 2019.06.21 2019가단202958

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(영문) 서울서부지방법원 2019.06.21 2019가단202958

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. According to the statement in Gap evidence No. 1, the plaintiff may recognize the fact that the plaintiff remitted the amount of KRW 30,000,000 to the defendant's account through Eul's account on January 29, 2018, and KRW 50,000,000 on January 30, 2018.

2. The Plaintiff: (a) purchased the forest and field D in Gwangju City, and thereafter, borrowed the above 80,000,000 won from the Defendant to pay the Plaintiff the profit therefrom; (b) the Plaintiff demanded the Defendant to return the forest and field; (c) the Plaintiff did not proceed as a promise, other than the purchase of the forest and field, and did not result in the transfer registration under the Defendant’s sole name; and (d) the Defendant agreed to pay the above 80,000,000 won to the Defendant by December 31, 2018, by asserting that the Defendant agreed to pay the interest at the rate of 1% per month in lieu of the profit.

3. In full view of the purport of the pleadings in the statement No. 2, No. 2, and No. 1, the Defendant received KRW 80,000,000 from the Plaintiff and transferred the same to E, without delay, with his money of KRW 80,00,000,00, and used it as the purchase fund for the above forest land, and the Defendant borrowed KRW 80,000 from the Plaintiff in purchasing the above forest land, and prepared a loan certificate with the purport that a considerable portion of the profits should be paid to the Plaintiff.

However, there is no special statement on the date of payment on the above loan certificate. While the development project of the forest above was not completed, it cannot be accepted as it is not proven that the plaintiff's claim was due to the due date of the refund of this case, since there is no evidence to acknowledge that the plaintiff agreed to pay to the plaintiff by December 31, 2018, because the plaintiff and the defendant added interest at the rate of 1% per month in lieu of investment profits, and there is no evidence to support that the defendant agreed to pay to the plaintiff by December 31, 2018.

4. The plaintiff's claim is dismissed.

유사 판례

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