logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.17 2019나31480
대여금
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that while working as the Defendant’s business employee, the Plaintiff leased KRW 3 million to the Defendant on June 28, 2018, because the Defendant was in need of pay, and thus, the Defendant is obliged to pay the principal and interest of the loan.

2. Even though there is no dispute as to the fact that there is the number of money between the parties to the sales market, the reason that the Plaintiff received the money is a monetary loan for consumption, and the defendant bears the burden of proving that it was received due to a loan for consumption if it is asserted that it was received due to the loan for consumption, and the transfer of money to another person's deposit account may be made based on various causes, such as donation, repayment, investment, etc. in addition to a loan for consumption. Therefore, it cannot be readily concluded that such transfer was made in conformity with the intent of the parties to the loan

On June 28, 2018, the Plaintiff transferred KRW 3 million to the Defendant account, and the same year.

7.2. The defendant's representative received remittance of KRW 1.5 million from the defendant's representative; the defendant is a company engaged in real estate sales and sales agency business; the plaintiff has worked as its business employee; however, the plaintiff is unable to submit materials proving the existence of the repayment period or interest agreement, which is the essential element of the loan, or a loan certificate corresponding thereto; according to the Eul evidence 1-1-2-2-, the defendant is a company whose sales in the year 2018 and the sales in the first half of the year 2019 are close to KRW 90 million; and there is no motive or interest in financing the amount of KRW 3 million from the plaintiff who is its employee; the defendant is disputing that the amount of KRW 3 million transferred by the plaintiff is a sales contract for the forest located in Pyeongtaek-si that is sold by the defendant to the plaintiff. At that time, the plaintiff also stated the name and address of the plaintiff in the purchaser column of the above sales contract.

arrow