(영문) 광주지방법원목포지원 2020.02.05 2019가단4388

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(영문) 광주지방법원목포지원 2020.02.05 2019가단4388

대여금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. (1) On April 13, 2017, the Plaintiff asserted that the Plaintiff: (a) transferred KRW 30 million to the Defendant; (b) transferred KRW 10 million to the Defendant on April 19, 2017; and (c) wired and lent KRW 40 million in total around that time; and (d) the Defendant agreed between the Defendant and the Plaintiff to pay the said loan to the Plaintiff for a period of seven months each by one month.

(hereinafter “Plaintiff’s loan amounting to KRW 40 million”). The Plaintiff thereafter, under D’s name, KRW 2 million on May 17, 2017, and the same year.

6. 14.2 million won, and the same year.

7. 13.2 million won, and the same year.

8. 17.17 million won, and the same year.

9. 13.2 million won, October 16, 16.2 million won, February 13, 2018; and the same year;

3. Although the Plaintiff was paid a total of KRW 19.7 million including KRW 2 million and KRW 17.7 million on May 15, 200, the Plaintiff considered the said money as interest on KRW 40 million for the Plaintiff’s loan.

Therefore, the defendant is obligated to pay to the plaintiff the balance of the loan 40 million won and damages for delay.

(2) The defendant's assertion that the defendant did not borrow KRW 40 million from the plaintiff for the loan alleged by the plaintiff.

The Defendant introduced the Plaintiff’s 40 million investment source of the Plaintiff’s assertion to the Plaintiff, and received the said KRW 40 million from the Plaintiff to the Defendant’s account, and delivered it to the Intervenor as the other party to the Plaintiff’s investment, and the Intervenor paid to the Plaintiff a total of KRW 25 million to the Plaintiff under the name of Dong and Dong C, and paid to the Plaintiff a part of the said KRW 40 million invested by the Plaintiff.

The defendant is not a trading partner of the plaintiff's alleged loan amounting to KRW 40 million, and there is no reason to respond to the plaintiff's claim.

B. The reasoning of the lower judgment is insufficient to acknowledge the fact that the Plaintiff lent KRW 40 million to the Defendant, as so alleged, on April 13, 2017, and that the Plaintiff remitted KRW 30 million to the Defendant on April 13, 2017, and KRW 10 million on April 19, 2017, and that there is no evidence to acknowledge otherwise.

Therefore, this is applicable.

유사 판례

-광주지방법원목포지원 2020.02.05 2019가단4388

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