(영문) 부산지방법원동부지원 2019.06.20 2018가단221753

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(영문) 부산지방법원동부지원 2019.06.20 2018가단221753

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 asserts that he/she did not specify his/her interest and the due date for repayment to the Defendant who is his/her birth, and that he/she respectively lent KRW 80 million on March 31, 2015, and KRW 10 million on April 7, 2015, and sought payment of KRW 60 million among them.

2. According to the statement in Gap evidence No. 1, even though the plaintiff was found to have remitted the above money to the defendant, it is difficult to readily conclude that the plaintiff lent it to the defendant in light of the following circumstances, which can be acknowledged in light of the entries in Eul evidence No. 1 through 9 and the purport of the entire pleadings, etc., and there is no other sufficient evidence to acknowledge the fact of lending.

Therefore, it is difficult to accept the Plaintiff’s claim.

① The Defendant is significantly and specifically opposed to the circumstances in which the Plaintiff paid money.

In other words, he asserts that his parents had been in their custody in the process of seeking a collection of a family by marriage late is only the Plaintiff's economic help by raising part of the Plaintiff's money to the money of his parents.

In fact, the plaintiff also recognized that he was the money of father C and sought payment of KRW 60 million excluding this amount. Meanwhile, the defendant did not make a statement or any other reply that he could receive even though he requested a specific explanation on how C's money was calculated as KRW 30 million.

② On the other hand, the Plaintiff lent to the Defendant without setting the interest and the due date, and the size of the amount is considerably different.

It is difficult to find out even a part of the Plaintiff before filing the instant lawsuit, as well as a trace of demanding the repayment.

③ The Plaintiff, his father C, his sibling D, his wife, etc. prepared a written confirmation in support of the Defendant’s assertion and submitted it to this court.

④ The Plaintiff and the Defendant’s text messages, and C’s lawsuit against the Plaintiff to return the deposits.

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