(영문) 춘천지방법원원주지원 2016.09.28 2016가단492 (1)

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(영문) 춘천지방법원원주지원 2016.09.28 2016가단492 (1)

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from March 3, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. A. Around April 2010, the Plaintiff engaged in the business of extracting and selling pine trees from the Defendant and C Il-si.

B. On May 26, 2010, the Plaintiff remitted KRW 30,000,00 to the deposit account in the Defendant’s name.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, 30,000,000 won that the Plaintiff remitted to the deposit account in the Defendant’s name on May 26, 2010 can be deemed to be the amount loaned to the Defendant, barring any special circumstance, the Defendant is obligated to repay the above amount.

B. The defendant's assertion that the plaintiff lent KRW 30,000,000, which is alleged by the defendant, is not the defendant's loan but the investment money received in the same trade with the plaintiff, and both the investment money and the profits have been paid to the plaintiff.

In full view of all the circumstances as follows, the above facts and the purport of the entire pleadings are as follows: (a) the Plaintiff remitted the above KRW 30,000,000 to the deposit account in the name of an individual in the name of the Defendant; (b) the Plaintiff appears to have transferred the funds necessary for the Plaintiff’s business to the deposit account in the name of the agricultural cooperative in the name of the Defendant; and (c) there is no evidence to prove that the Plaintiff received investment funds from the Plaintiff for a partnership business name as alleged by the Defendant and paid the Plaintiff to the Plaintiff, as alleged by the Defendant; and (d) in the loan case of this Court 2012GaBa6911, 200, including the loan amount of KRW 30,000,000, including the loan amount of KRW 30,000,000, excluding the above KRW 30,0000,000, and then, it is difficult to accept the above premise of the Defendant’s assertion.

C. Depending on the theory of lawsuit.

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