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(영문) 창원지방법원 2017.07.11 2017나50499
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) (The Plaintiff’s claim is that the Defendant lent money under the name of the purchase cost of the vehicle and the cost of living, and the Defendant received a request from the Defendant for the payment of money, and KRW 25,515,500 on March 22, 2013, and the same year.

3. 3,00,000 won, and the same year.

5. 30.1,500,000 won, and the same year.

7.1.1.1.1. 1,500,000 won (hereinafter “the instant money”) were lent to 31,515,500 won.

Therefore, the defendant is obligated to pay the above loan and damages for delay to the plaintiff.

2) (Preliminary Claim) On March 22, 2013, the Plaintiff is deemed to have obtained the instant real estate D with the Defendant on March 22, 2013.

25,515,500 won was paid to the Defendant when concluding a title trust agreement on the title trust agreement.

On the same day, the Plaintiff and the Defendant used the instant money, including the said KRW 25,515,500, during the period of title trust, and concluded an agreement with the Plaintiff to return the said money to the Plaintiff upon termination of the title trust agreement on the instant real estate. On September 11, 2013, the agreement between the Plaintiff and the Defendant was terminated.

Therefore, the defendant is obligated to pay the above agreed amount and damages for delay to the plaintiff.

B. The grounds for the Defendant’s assertion that the Plaintiff paid the instant money to the Defendant are that the Defendant received assistance from the Defendant regarding the sale and purchase of the former Northwest-gun E and the title trust of the instant real estate.

Therefore, the instant money received by the Defendant from the Plaintiff is not a loan or an agreed amount.

2. Determination as to the cause of action

A. 1) Determination as to the primary assertion is without dispute between the parties as to the fact that the Plaintiff paid the instant money to the Defendant. 2) The loan for consumption is established under a contract under which one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return the same kind, quality, and quantity (Article 598 of the Civil Act). Therefore, there is a mutual agreement between the parties as to the foregoing

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