(영문) 부산지방법원 2015.12.24 2015가단42908

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(영문) 부산지방법원 2015.12.24 2015가단42908

대여금

Text

1. The defendant,

A. From October 14, 2015 to the date of complete payment with respect to Plaintiff B, 15% per annum.

Reasons

1. The fact that Plaintiff B did not dispute, using his/her financial account on April 2, 201, transferred KRW 20 million to the Defendant by taking advantage of his/her financial account on October 16, 201, and KRW 30 million, including KRW 10 million, via his/her financial account on October 16, 2012, and the fact that Plaintiff B and the Defendant are both married couples, the Plaintiffs are both married couples, and the Defendant do not dispute between the parties.

2. The parties' arguments and the judgment on them

A. The alleged plaintiffs asserted that they lent 30 million won to the defendant, and that the defendant received a total of 30 million won from the plaintiffs, but they asserted that the plaintiff B, who is the birthee, did not borrow the above money from the defendant as business funds.

B. In full view of the following facts and circumstances, where there is no dispute between the parties to the determination as to whether a loan is granted, or where the testimony of the witness witness D is admitted, the following facts and circumstances are acknowledged: (a) from the Plaintiff’s account to the Plaintiff’s account; and (b) from the Plaintiff’s account to the Plaintiff’s account, KRW 10 million was remitted from the Plaintiff’s account; (c) the Defendant appears to have been in need of business funds at the time of the aforementioned transfer; (d) there is no obvious circumstance that the Plaintiff and the Defendant donated and received a relatively large amount of money exceeding KRW 30 million between the Plaintiffs and the Defendant (it is insufficient to view that the Defendant was donated by the above circumstance alone in light of the empirical rule); and (e) the parents of the parties also recognized that the said KRW 30 million was lent to the Defendant as business funds through testimony, etc., it is reasonable to deem that the Defendant borrowed money from the Plaintiffs.

C. Accordingly, the defendant is obligated to pay the plaintiff Eul 20 million won, the 10 million won, and the damages for delay to the plaintiff Eul.

Accordingly, a claim against the part exceeding 10 million won of the plaintiff A's claim is filed.

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