(영문) 대전지방법원 2014.10.23 2014가합2338

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(영문) 대전지방법원 2014.10.23 2014가합2338

대여금

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1. The Defendant: KRW 36,200,524 to the Plaintiff; and KRW 30% per annum from April 26, 2014 to July 14, 2014 to the Plaintiff.

Reasons

1. The argument and the judgment party's assertion that the plaintiff claimed a loan to the defendant, and the defendant asserted that at the plaintiff's request, the plaintiff served as the sender in the monetary transaction between the plaintiff and the credit service provider C (one person D) and that no money was borrowed from the plaintiff.

Comprehensively taking account of the respective descriptions and the overall purport of the arguments and arguments set forth in subparagraphs 1 through 55 (including paper numbers; hereinafter the same shall apply), the Plaintiff may recognize the fact that the Plaintiff received KRW 315,077,936 in total from the Defendant over a white period from September 24, 2004 to September 6, 2012, for the Defendant, 197,50,000 won in total, on several occasions, during the period from September 24, 2004 to September 6, 2012, the interest amount was agreed to 3% per month, and the Plaintiff received from the Defendant the interest and principal repayment amount over a white period from December 17, 2004 to April 20, 2014.

Meanwhile, according to the evidence Nos. 1 and 2-1 and 1-2, on January 6, 2014, the plaintiff lent money to the defendant on the ground that the plaintiff trusted the defendant and lent money to the defendant to the defendant, and the defendant believed that he/she was responsible for and repaid because he/she was bound by D, and that he/she did not pay the money to the defendant. On June 15, 2014, the defendant sent a certificate of contents that he/she did not pay the money to D upon the plaintiff's request. The defendant lent money to the plaintiff on the part of June 15, 2014, and only lent the money to D, and was responsible only for the intermediate, but according to the purport of each statement and oral argument No. 52 through No. 555, the defendant received money from the plaintiff as personal loan from the plaintiff, and the defendant lent money to the defendant, even if he/she did not lend it to the other party to C (D).

Therefore, the Plaintiff’s total amounting to KRW 197,50,000 to the Defendant is February 15, 2005.

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