(영문) 광주지방법원 목포지원 2017.04.27 2016가단54894

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(영문) 광주지방법원 목포지원 2017.04.27 2016가단54894

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. According to the overall purport of the statements and arguments set forth in subparagraphs 4-1 and 2 of this paragraph, the plaintiff is recognized to have remitted the amount of KRW 5 million to the defendant Eul-do head on October 24, 2005, KRW 5 million on December 21, 2005, KRW 5 million on March 10, 2006, KRW 5 million on April 19, 2006, KRW 5 million on June 20, 2006, KRW 1 and million on August 16, 2006, KRW 1 and million on August 24, 2006, KRW 1 and million on October 21, 2006, KRW 3 million on December 21, 2006, KRW 5 million on May 27, 2005, respectively.

B. Meanwhile, the Plaintiff is a person who has the remainder of KRW 11 million out of the money that the Defendant repaid to the Defendant from June 27, 2006 to June 13, 2007 and remitted to the Defendant.

C. In addition, the Plaintiff asserts that each of the above money is a simple loan to the Defendant, and the Defendant claims that the Defendant borrowed money with the “number of days”, and eventually, there is no dispute between the parties that the Defendant borrowed money from the Plaintiff, and thus, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 1.1 million and the damages for delay.

2. Judgment on the defendant's defense

A. The summary of the defense 1) The defendant borrowed the loan from the plaintiff in the form of "number of days" and the loan was made in cash every day due to the characteristics of "number of days". Thus, according to each of the evidence Nos. 1, 2, and 11 (including paper numbers) of the judgment No. 2, the plaintiff and the defendant are recognized as having prepared a transaction document in the form of "number of days" between the plaintiff and the defendant, but according to each of the evidence No. 4-1 and No. 2 of the evidence No. 4-2, it is recognized that the defendant paid the above loan to the plaintiff more than 8,500 won at intervals of not less than a day, as shown in the attached Table No. 4-2, since it is insufficient to recognize that the defendant borrowed the above loan as "number of days" on the premise that the above loan was "number of days".

In addition, the defendant was reimbursed by the plaintiff.

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