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Reasons
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(영문) 의정부지방법원고양지원 2016.10.07 2015가단32960
대여금
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1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of 5% from October 16, 2015 to October 7, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff’s spouse is C, and the Defendant’s spouse is D, and C and D were aware of their business.

B. On August 18, 2011, E (former name: F) transferred KRW 50,000,000 to the account in the name of the Plaintiff’s spouse C (FF) by using the accounts of G, referred to as “C”) around August 18, 201.

C. Meanwhile, around June 14, 2012, from the post office account in the name of the Plaintiff (A) to the Defendant’s bank account (I) around 30,000,000 won.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 3, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On June 14, 2012, the Plaintiff loaned KRW 30,000,000 to the Defendant by means of remittance, and thus, the Plaintiff is entitled to claim the loan and the damages for delay.

Even if the plaintiff paid the above money to D, since the above money was lent to D as living expenses, etc., the defendant is also liable for the above money according to the daily right of attorney.

B. around August 18, 201, Defendant E lent KRW 50,000,00 to C by means of remittance of account, and Defendant E transferred KRW 30,000,000 from the Plaintiff’s account to the Defendant’s account on or around June 14, 2012 to the Defendant’s account by means of payment of part of the said amount, and there was no fact that the Defendant borrowed money from the Plaintiff.

3. The Plaintiff, around June 14, 2012, transferred KRW 30,00,00 to the Defendant’s our bank account (I) as seen earlier, and the following facts are acknowledged in full view of the entries in the evidence Nos. 1, 3, 4, 6, and 7 (including the number of each number), and the entire purport of testimony and pleading of the witness D.

① On June 15, 2012, the Defendant transferred KRW 26,980,00,000, out of KRW 30,000 remitted from the Plaintiff to another bank account of the Defendant, and used it as credit card payment and cost of living, or sent it to D’s creditors.

② On June 19, 2012, the Defendant’s statement of “G (E) loans” as the money received from the Plaintiff around June 19, 2012 is KRW 250,000.

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