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Reasons
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(영문) 인천지방법원 부천지원 2018.10.17 2018가단3979
대여금
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1. The Defendant’s KRW 16,945,821 as well as the Plaintiff’s KRW 5% per annum from July 14, 2018 to October 17, 2018.

Reasons

1. The gist of the Plaintiff’s assertion is the cause of the instant claim. From April 10, 2015 to December 26, 2017, the Plaintiff transferred KRW 71,845,50 to the Defendant’s account in the name of Nonparty C and lent the amount of KRW 56,678,201. The Defendant received a loan with the Plaintiff’s card, and the principal and interest of the loan remains in KRW 2,792,962, and from April 23, 2017, the same year.

5. By June 2, 200,000 won in cash; KRW 4 million on April 23, 2017; KRW 4 million on April 24, 2017; KRW 3 million on the 25th of the same month; KRW 3 million on the 29th of the same month; KRW 3 million on the 300,000 on the 30th of the same month; and

5. 4 million won, and the same month;

6. The Defendant claimed the payment of KRW 15,167,29, and card loans of KRW 2,792,962 among the loans remitted to the Defendant to the account, and the payment of KRW 34,460,261 among the cash loans of KRW 16,50,000,000,000,000,000,000 won, and the damages for delay thereof, the Defendant borrowed money, but most of the loans were repaid and borrowed, and there was no fact that the Plaintiff borrowed money with the Plaintiff’s card, and there was no fact that the Defendant borrowed money in cash.

2. Determination

A. (1) The fact that the Plaintiff lent a sum of KRW 71,843,00 as shown in the attached Table between April 10, 2015 and May 4, 2017 to the Defendant is not in dispute between the parties or can be recognized by comprehensively considering the overall purport of the pleadings in the evidence No. 1. Thus, barring any special circumstance, the Defendant is liable to pay the Plaintiff the above loan and the damages for delay.

(2) As to this, the Defendant’s defense that the Defendant repaid KRW 63,796,552 out of the loans, the Defendant’s repayment of KRW 56,190,141 in total to the Plaintiff from April 14, 2015 to February 26, 2018 is without dispute between the parties, and according to the statement of KRW 1,50,000,000 to the Plaintiff around January 12, 2018, the Defendant’s repayment of KRW 1,50,000,000 to the Plaintiff can be acknowledged. Accordingly, the said loan remains 14,152,859.

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