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(영문) 서울중앙지방법원 2019.01.22 2018나47334
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 18, 2016, the Plaintiff received a loan of KRW 10 million from the Dispute Resolution Co., Ltd., and, on the same day, remitted KRW 9.4 million to the Defendant who had been affiliated with the said loan as a annual relationship, and remitted KRW 15,223,980 to the Defendant over 63 times in total during the period from January 19, 2016 to June 16, 2017, and received KRW 345,000 from the Defendant during the period from March 19, 2017 to June 16, 2017.

B. On the other hand, with regard to the above lending from the LAC, the Plaintiff entered the lending procedure, etc. in advance with the Defendant, and the Defendant sent a message to the Plaintiff to the effect that he would pay the above loan later.

C. On July 24, 2017, the Plaintiff proposed that the principal and interest that was lent to the Defendant should be notarized through text messages, and the Defendant responded to the Plaintiff that the principal and interest that was given to the Defendant should be deposited from the day interest.

The plaintiff on May 18, 2018.

The loans described in the subsection have been fully repaid.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 10 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition as to the cause of claim, it is reasonable to view that the sum of KRW 15,223,980 transferred by the plaintiff to the defendant as above is a loan, and unless there is any evidence to deem that the plaintiff and the defendant have set the maturity for the above loan, the defendant shall be liable for delay of payment from the day after the copy of the complaint of this case seeking payment against the defendant was served on the defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the above loan 15,223,980 won and the damages for delay from November 19, 2017, which is the day following the delivery date of a copy of the instant complaint.

B. As to the Defendant’s assertion, the Defendant alleged that the said money was not a donation, but a donation. However, the Plaintiff and the Defendant were at the time of the said transfer.

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