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(영문) 인천지방법원 2020.09.09 2019나5482
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion transferred KRW 18,200,000 to the corporate bank account under the name of the Defendant, and received interest through the Defendant’s corporate bank account and our bank account.

Considering the above circumstances, the Plaintiff may be deemed to have lent KRW 18,200,00 to the Defendant, so the Defendant is obligated to repay the above loan to the Plaintiff.

B. The defendant's assertion that the defendant did not accept the plaintiff or conclude a lending contract, and only the defendant's father C used the account in the name of the defendant.

2. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff remitted 18,200,000 won to the defendant's account under the name of the defendant.

However, in full view of the following circumstances that can be recognized by the statement No. 1 and the purport of the entire pleadings, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff lent KRW 18,200,00 to the Defendant, and there is no other evidence to prove otherwise.

Therefore, without any need to examine the plaintiff's claim premised on the conclusion of a lending contract with the defendant.

(1) No objective disposition document exists between the Plaintiff and the Defendant to recognize a monetary rent and interest agreement, such as a monetary loan agreement.

② The Plaintiff asserted that the Defendant’s father C, who is a bad credit holder, lent 18,200,000 won to the Defendant’s account under the name of the Defendant, in view of the Defendant’s father C’s lending of money to the Defendant several times, and it does not appear that the Plaintiff was only the Defendant at the time of remitting the said money, or that the Plaintiff confirmed his intention to repay by communicating with the Defendant.

③ In light of the fact that the Defendant and C were female parties and C was difficult to engage in bank transactions due to bad credit standing, it is reasonable that C used the financial account in the name of the Defendant, as the Defendant’s assertion.

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