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Reasons
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(영문) 대구지방법원 2018.09.14 2017가단5690
대여금
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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from February 8, 2017 to the day of complete payment.

Reasons

1. Chief;

A. On or before January 5, 2007, the Plaintiff lent 10,000,000 won to the Defendant, but the Defendant agreed to pay the said money by March 31, 2007.

B. The Defendant, on April 2007, lent KRW 10,000,000 to the Plaintiff to pay KRW 10,000,000 to the Plaintiff, while operating the game room.

Therefore, on April 30, 2007, the Plaintiff deposited KRW 29,700,000 after deducting KRW 300,000 from the advance interest in the Daegu Bank D account, one’s own transaction account, and lent KRW 30,000,00 to the Defendant by allowing the Defendant to use the above transaction account.

In addition, the defendant agreed to pay the above 30,000,000 won with interest of KRW 700,000 per month and 300,000 of the game profit.

C. However, since the defendant did not pay the above amount of KRW 40,000,000, the defendant sought a judgment as stated in the purport of the claim.

2. Determination:

A. According to the statement of the loan certificate No. 2, which the defendant acknowledged that the loan amounting to KRW 10,000,000 on January 5, 2007 was his/her own seal, the plaintiff's assertion can be acknowledged.

In regard to this, the defendant asserts that the plaintiff arbitrarily used the defendant's seal imprint which was kept in the vehicle and prepared the above loan certificate, but there is no evidence to prove this fact, so the defendant's assertion cannot be accepted.

B. On April 30, 2007, KRW 30,000,000, the Plaintiff loaned KRW 30,000,000 to the Defendant by allowing the Defendant to deposit KRW 29,70,000 in his own account and use the account (the Plaintiff’s name of passbook C(A)). Of the Plaintiff’s certificate No. 2, the Plaintiff’s statement on the Plaintiff’s account No. 2 contains the Defendant’s account deposit details, Nonparty F’s transaction details; and according to Nonparty F’s statement on the evidence No. 6, etc., the Plaintiff’s lending KRW 30,00,000 to the Defendant.

C. According to the theory of lawsuit, the defendant is about 40,000.

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