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Reasons
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(영문) 대구지방법원 2015.04.23 2014나20002
대여금
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1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On April 24, 2009, the Plaintiff decided to lend interest of KRW 20,500,000 to Defendant B at KRW 200,000 per month. On the same day, the Plaintiff transferred the said loan to Defendant C’s deposit account in the name of Defendant C, a parent of Defendant B.

B. Defendant B paid KRW 200,000 per month to the Plaintiff using the deposit account in the name of Defendant C, from May 25, 2009 to April 30, 2010, and paid KRW 15,000,00 as interest on April 23, 2010.

【In the absence of dispute over the grounds for recognition, entry of the evidence No. 1-1 to No. 4 and No. 2, and the result of Defendant B’s personal examination of the first instance court, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff asserts that the Defendant, a woman, concurrently borrowed the above loan, and sought payment of KRW 5,500,000 ( KRW 20,500,000-15,000) and damages for delay from the Defendants.

B. According to the above facts finding as to the claim as to Defendant B’s claim, Defendant B is obligated to pay the Plaintiff the loan balance of KRW 5,500,000 and its delay damages, barring any special circumstance. Defendant B’s assertion as to Defendant B’s claim is asserted that Defendant B paid the Plaintiff KRW 5,500,000 in cash on May 3, 2010.

The following circumstances, which can be seen by adding to the purport of the entire pleadings, as the result of the first instance court’s examination of Defendant B’s evidence Nos. 1, 2, and 3, and the whole purport of the pleadings, are as follows: (a) as a result of the first instance court’s confirmation on May 3, 2010, Defendant B’s original account book (Evidence No. 1-2) stating that Defendant B paid KRW 5,500,000 to the Plaintiff on May 3, 2010, Defendant B did not pick up with the trace of the above alteration, alteration, or supply; (b) Defendant B paid KRW 5,500,000 in cash to the Plaintiff on May 3, 2010, and collected and discarded the cash custody certificate prepared in the Plaintiff’s name as the Plaintiff’s birth. However, the Plaintiff also received KRW 15,500,000 from Defendant B.

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