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Reasons
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(영문) 서울동부지방법원 2015.06.18 2014가단36321
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the Plaintiff’s assertion

A. A. Around December 2006, the Plaintiff: (a) received a loan request from the Defendant, which became aware of the Plaintiff’s introduction of the Plaintiff’s wife C, to the effect that “a loan of KRW 130 million is to collect the investment principal within one to two months, and to divide the amount of KRW 10 million through KRW 20 million.” (b) The Plaintiff leased the Defendant a loan of KRW 130 million to KRW 130 million after the due date for two months after the due date; (c) the Plaintiff was not paid a loan of KRW 130 million to KRW 20 million; and (d) the Defendant had the obligation to pay the Plaintiff a loan of KRW 130 million from the following day to the due date of repayment; and (e) the Defendant has the obligation to pay the Plaintiff the loan of KRW 140 million to the Plaintiff at the rate of KRW 10 million per annum 28,200,000,000 and delay damages from the following day to the due date of repayment.

B. Even if the Defendant’s claim for damages equivalent to utility or fraud money, even if 130 million won, which the Defendant received from the Plaintiff, is paid in money in the name of the investment money, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the said investment money, since the Defendant has misappropriated or stolen the money received from the Plaintiff for its own interest without investing the money for the Plaintiff.

2. Determination

A. According to each of the statements in Gap evidence Nos. 1-3 and Eul evidence Nos. 3 (including paper numbers), the plaintiff remitted a total of KRW 130 million to a financial account under the defendant's name on December 23, 2006, KRW 47 million on December 26, 2006, KRW 180 million on December 28, 2006, and KRW 130 million on December 28, 2006, to a financial account under the defendant's name. The defendant paid KRW 15 million on the transferred money from the plaintiff's own and KRW 5 million on the commission name, and the plaintiff again paid KRW 10 million on September 4, 2006, KRW 60,000 on the E apartment house Nos. 4,000 on September 4, 206, and the fact that the documents confirming Gap's subscription were issued to D.

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