(영문) 수원지방법원 2016.11.16 2016나55339

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(영문) 수원지방법원 2016.11.16 2016나55339

대여금

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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Defendant.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff’s spouse D and the Defendant’s spouse B’s spouse E are siblingsed death, and the Plaintiff and the Defendant B are the same death, and the Defendant C is the same birth of Defendant B.

B. On June 29, 2006, the Plaintiff loaned the amount of KRW 60 million to Defendant B as of October 26, 2006 and 1% per interest month.

② The Plaintiff joined the Defendant C’s fraternity. Around May 2006, the Plaintiff loaned KRW 10 million to the Defendant B as of October 26, 2006 and as of January 1, 2006, the payment period of KRW 10,000,000 to the Defendant C was determined and lent to the Defendant B as of December 26, 2006. Similarly, the amount to be paid by the Defendant C was determined as of December 1, 2006, KRW 10,000,000,000 as of December 1, 2006, and KRW 10,000,000 as of January 1, 207 and February 28, 2007.

(3) Therefore, Defendant B is obligated to pay the Plaintiff the sum of KRW 100 million and damages for delay.

C. If Defendant C, the main owner of which did not pay the Plaintiff’s fraternity 40 million won to Defendant B, the Defendant C did not pay the Plaintiff’s fraternity 40 million won to the Plaintiff.

② Therefore, Defendant B is obligated to pay to the Plaintiff the borrowed money of KRW 60 million on June 29, 2006, Defendant C with KRW 40 million, and delay damages therefrom.

2. Determination

A. In full view of the overall purport of the pleadings as to whether the Plaintiff lent the sum of KRW 100 million to Defendant B, evidence Nos. 2, evidence Nos. 4-2 and 5, evidence Nos. 4-1, and evidence Nos. 1, and evidence Nos. 4-2 and 4-1, and evidence Nos. 4, on June 29, 2006, the Plaintiff loaned KRW 60 million to Defendant B by means of remitting money through the account under the name of his spouse D, which was the spouse, around June 29, 2003; D and Defendant B settled the financial transaction relationship between the Plaintiff and the Defendant B around June 29, 2006 at the time; KRW 60 million,000,000,000,000 paid by the Plaintiff from Defendant C, around May 29, 2006, around one million, and around one million, 2016.

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