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Reasons
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(영문) 대구지방법원 2016.10.14 2015가단44837
대여금 등
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1. The defendant,

A. The Plaintiff A’s KRW 4,540,00 and the annual rate of KRW 5% from May 5, 2012 to October 14, 2016, respectively.

Reasons

1. The assertion;

A. The plaintiff A's assertion related to the plaintiff A's claim requires the defendant to lend money in order to meet the demand for the land rent for D development and wages for articles, etc. operated by the defendant, and the defendant lent 38 million won in total, including June 18, 2005, and June 20, 2005, and 28 million won in total. However, the defendant claimed that the defendant paid 23 million won among them and paid 15 million won in total.

The defendant asserts that there was no 38 million won borrowed from the plaintiff A, and even if he borrowed the above money, the remaining loan amount of 33,460,000 won out of the above money is merely 4,540,000 won.

B. Plaintiff B’s assertion related to Plaintiff B’s claim: (a) from December 6, 2005 to September 28, 2006, the Defendant engaged in the construction machinery rental business under the name of “E”; (b) the Plaintiff B subrogated for value-added tax of KRW 6,948,290 in arrears by the said E; and (c) the Defendant is liable to pay the said money to the Plaintiff; (d) on July 30, 2007, the Defendant received KRW 1,258,223 of the deposit money for the auction of corporeal movables; and (e) accordingly, the Defendant sought the payment of the remaining KRW 5,690,067.

2. Determination

A. According to each of the judgment evidence Nos. 1, 7, and 11 (including a serial number; hereinafter the same shall apply) related to Plaintiff A’s claim, the fact that Plaintiff A lent the above money to the Defendant by remitting money of KRW 38 million to the Plaintiff’s account, an employee of D Development operated by the Defendant.

Meanwhile, according to the facts stated in the evidence No. 1 and the facts that there is no dispute between the parties, the Defendant transferred KRW 33,460,000 to the Plaintiff under the name of the principal or his/her wife and his/her children, and the said money was paid to the Plaintiff for the repayment of the above loan claim by the Plaintiff A.

Non-Appellant 6,000,00 C No. 16, Jan. 16, 2006, 2006, 190 F No. 1320, Feb. 1000, 200, F No. 1320, Feb. 10, 2006

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