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Reasons
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(영문) 광주지방법원 2017.06.16 2016나9816
대여금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff paid considerable interest to the Defendant, and the Plaintiff paid KRW 3,00,000 to the Defendant on January 3, 2014, KRW 3,000,000, KRW 6,000 on January 6, 2014, and KRW 2,000,000 on January 14, 2014 (this money was transferred to the account in the name of the Defendant under C), KRW 13,00,000 on January 16, 2014, and paid KRW 2,00,000,000 on January 16, 2015, the Defendant is obligated to pay the remainder loans to the Plaintiff as well as damages for delay.

B. The defendant alleged that he did not borrow the above money from the plaintiff, and only remitted the money invested in D to D instead of the plaintiff upon the plaintiff's request, or remitted the plaintiff's investment profits to the plaintiff upon the plaintiff's request.

2. According to the evidence Nos. 3 and 1 evidence Nos. 3 and 1, it is recognized that C remitted KRW 2,000,000 to the account under the name of the defendant on January 14, 2014.

However, the above evidence, Gap evidence, Gap evidence Nos. 1, 2, and 5 (including a serial number; hereinafter the same shall apply) submitted a loan certificate (Evidence No. 1) to the defendant, i.e., evidence to acknowledge that the plaintiff lent KRW 13,00,000 to the defendant, i.e., the plaintiff, C, and debtor, but the creditor on the loan certificate is recorded as D; as the plaintiff claims, the defendant does not contain any content of the actual borrower; ② the plaintiff was 3,00,000,000 won on January 3, 2014, and 63,000,000 won on January 6, 2014, and the financial transaction statement to recognize that the plaintiff paid KRW 13,00,000 to the defendant on January 16, 2014; ③ The plaintiff was transferred to the defendant's account under the name of the defendant's account under the name of Do; and ③ it appears to have been transferred to the defendant's account.

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