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Reasons
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(영문) 수원지방법원안양지원 2019.07.25 2019가단104158
대여금
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1. The defendant shall pay 36,00,000 won to the plaintiff and 400,000 won per month from January 5, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. The following facts may be acknowledged either in dispute between the parties or in Gap evidence Nos. 1-3 and 7 (including paper numbers; hereinafter the same shall apply) by taking into account the overall purport of the pleadings:

(1) The Defendant, jointly with the husband C, operated the “D” Art Research Institute (hereinafter “instant Art Research Institute”), and became aware of the Plaintiff (the name before the name was registered: E).

(2) On July 19, 2005, F, the husband of the Plaintiff, entered into a contract with G to rent KRW 80,000,000, the first unit of the H-based H-based H-based H’s housing to KRW 80,000, and paid KRW 80,000 to G, and the family members of the Plaintiff et al. reside together with the above I.

(3) On May 10, 2006, the Plaintiff entered into a contract between J and J to lease the I heading of the K-Ground Housing at KRW 30,000,000, monthly rent of KRW 500,000 and KRW 30,000. The Plaintiff paid 30,000,000 to J and resided together with his family members.

(4) Around May 2006, the Plaintiff prepared 50,000,000 won, such as the difference of deposit under each of the above lease agreements, and paid to the Defendant.

(5) The Defendant paid to the Plaintiff KRW 5,00,000,000 on May 12, 2014, and KRW 5,000,00 on July 28, 2014, respectively.

B. Meanwhile, the Plaintiff voluntarily recognized the fact that he received KRW 4,00,000,000 from the Defendant (= KRW 5,000,000,000), other than the above KRW 5,000,000,000, as seen earlier, around May 2006.

2. The assertion and judgment

A. The summary of the plaintiff's assertion (1) If the defendant extended 50,000,000 won to the plaintiff by reducing the lease deposit as above, it is proposed that 50,000 won monthly rent will be paid on his behalf and the principal will be paid within 3 years. The plaintiff consented to it and lent 50,000,000 won to the defendant, and then, 4,000,000 won was paid immediately.

Since then, the defendant directly remitted the rent of the instant building to the lessor, from May 12, 2014 to May 2014.

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