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(영문) 전주지방법원 2017.01.19 2016가단3555
대여금
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from July 1, 2015 to January 19, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant, after becoming aware of around 1999, developed into the internal relationship and maintained the internal relationship until 2015.

B. The Plaintiff received a loan of KRW 50,000,000 from the Agricultural Cooperative Federation on January 11, 201, and KRW 15,000,000 on May 11, 201, respectively, and delivered to the Defendant.

The defendant used this as a start-up fund for one's beauty room.

[Reasons for Recognition] Gap evidence Nos. 1-4, Eul evidence Nos. 1-3, the purport of the whole pleadings

2. The plaintiff asserts that he lent a total of KRW 65,00,000 to the defendant.

On the other hand, the defendant asserts that the above money was donated to the defendant who had been in an internal relationship with the plaintiff, and that the plaintiff did not have a duty to return, and that the plaintiff did not refuse to pay the money and continued to have an internal relationship.

3. Determination

A. We examine whether the Plaintiff’s payment of KRW 65,00,000 to the Defendant can be viewed as a loan.

In addition to the above evidence and evidence Nos. 7 and 8, the defendant asked the person in charge of loan at the time of loan of KRW 50,000,00 on January 11, 201, and stated that the defendant paid interest on the above loan several occasions on the third day of pleading of this case; the defendant has expressed his intention to pay the plaintiff with interest on the loan of KRW 65,00,000 on November 11, 201; the above money was used as the defendant's start-up fund, not as the money owned by the plaintiff; the above money was used as the defendant's start-up fund; the above money was used as the defendant's start-up fund; and 40,000,000 won among them could have been returned at the time of termination of the future lease. Thus, although the plaintiff and the defendant were in an internal relationship, it is difficult to deem that the plaintiff donated the loan to the defendant with the payment of KRW 65,00,000 in excess of the ordinary level.

Therefore, it is reasonable to view that the Defendant borrowed the above KRW 65,00,000 from the Plaintiff.

B. The above evidence and arguments are presented.

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