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(영문) 서울동부지방법원 2020.12.02 2019나3631
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 court of first instance is in the judgment.

Reasons

Basic Facts

On June 30, 2010, the Plaintiff deposited KRW 10,000,00 in the account under C’s name.

On October 1, 2010, the Plaintiff deposited KRW 10,000,00 in the account under the name of the Defendant, and the Defendant deposited the same month.

2. C deposited KRW 10,000,00 in the account in the name of C.

C For the purpose of interest, C: 1,000,000 won on April 19, 201; and

6. 50,000 won, and the same year.

6. 14. 500,000 won was deposited into each Plaintiff’s account.

C On September 23, 2011, a letter of payment (hereinafter “instant letter of payment”) was prepared and delivered to the Plaintiff, stating that “The Plaintiff borrowed a total of KRW 20,000,000 on two occasions, including interest KRW 600,000,000 per month, and that the principal and interest will be repaid by December 31, 201.”

[Ground of recognition: Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings, and the purport of the whole pleadings] The plaintiff's assertion that the plaintiff asserted that the plaintiff would be responsible for the plaintiff by introducing "A, the president of the reconstruction association," and requesting "C to lend money" on June 30, 201, and the plaintiff lent KRW 10,000 to "C" on June 30, 201.

In addition, on October 1, 2010, the defendant lent KRW 10,000 to the defendant at the defendant's request.

Therefore, the defendant is obliged to pay the plaintiff a total of KRW 20,000,000 and damages for delay.

Judgment

With respect to KRW 10,00,000 on June 30, 2010, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff agreed on June 30, 2010 that the Plaintiff lent KRW 10,000,000 to the Defendant or the Plaintiff remitted to C on June 30, 2010, to assume liability for performance, such as the Defendant’s joint and several surety, and there is no other evidence to acknowledge this part of the Plaintiff’s assertion.

A loan for consumption of KRW 10,00,000 on October 1, 2010 is established when one of the parties agrees to transfer the ownership of money or any other substitute to the other party, and the other party agrees to return the ownership of such money or any other substitute in the same kind, quality, and quantity (Article 598 of the Civil Act). Thus, the other party to the above point is a party.

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