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Reasons
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(영문) 서울중앙지방법원 2019.07.18 2018가단5049129
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. Basic facts

A. The Plaintiff transferred the sum of KRW 186,00,000 (Jointly referred to as “the instant remittance amount”) to each account of Defendant himself, Nonparty C, and D on seven occasions, as indicated below (hereinafter “instant table”).

The amount of money transferred to the Defendant account on October 24, 2017: KRW 10,00,000; KRW 5,000,000; KRW 300,000 to the Defendant account on November 25, 2017; KRW 1,000,000 to the Defendant account on December 10, 2017; KRW 400,000 to the Defendant account on December 11, 201, 2017; KRW 50,00,000 to the C account on December 11, 2017; KRW 60,00,000 to the Defendant account on December 14, 2017; KRW 15,000,000 to the Defendant account on December 14, 2017; and KRW 100,000,000; and KRW 10,710,50,714,70

2. Determination on the cause of the claim

A. The parties’ assertion 1) The above KRW 186,00,000, which the Plaintiff transferred to the account of the Defendant and D and C, are all leased to the Defendant. Therefore, the Defendant is obliged to refund the above money and the amount equivalent to interest on delay thereof to the Plaintiff upon the Plaintiff’s claim in this case. 2) The above money that the Defendant and the Defendant’s mother transferred to the account under D and C’s name is all the money that the Plaintiff donated to the Defendant.

B. As to the fact that the remittance amount sent by the Plaintiff to the Defendant, D, and C was the money for which the return was made by lending to the Defendant, there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it otherwise. In full view of the purport of the pleading in the witness C’s testimony, the Plaintiff transferred 150,000,000 won to the Defendant’s account of the Defendant’s 150,000,000 won as to the above studal harassment, which is called “E”, by taking account of the following facts: (a) from the date of the Plaintiff’s failure to pay to the Defendant; and (b) the Defendant or the Defendant’s mother’s mother’s money or living expenses to D’s account; and (c) the Plaintiff’s testimony as to the money or living expenses.

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