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(영문) 수원지방법원 2017.07.20 2016가단804912
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 29,00,000 and the interest rate of KRW 15% per annum from January 10, 2017 to the date of full payment.

Reasons

1. According to the facts without dispute over basic facts, and the statements in Gap evidence 1 and 2, the plaintiff may recognize the fact that the plaintiff remitted to the defendant KRW 5 million on October 6, 2015, and KRW 24 million on April 21, 2016, respectively.

(hereinafter referred to as the “instant money”) 2. The Plaintiff’s assertion and judgment on the instant money that the Defendant remitted to the Defendant

A. 1) The Plaintiff asserts that since the instant money is the money that the Plaintiff lent to the Defendant, the Defendant should receive the instant money and interest in arrears. 2) The Defendant asserts that the instant money is the money that the Defendant donated to the Defendant as a result of the Plaintiff’s death, and even if it is a loan, it cannot be claimed as illegal consideration that was paid to maintain an unlawful non-human relationship.

B. 1) We examine whether the instant money is a loan. In full view of the absence of dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4 (including serial numbers, and the fact that the plaintiff transferred the instant money to the defendant in his school system with the defendant, and the fact that the plaintiff in his school did not prepare a loan certificate, etc. in relation to the said money.

However, the following circumstances revealed by the evidence, i.e., (i) the Plaintiff transferred money several times other than the instant money among the Defendant’s teaching system, (ii) claimed that the instant money was lent to the Defendant, and (iii) the Plaintiff returned money to the Defendant, even if considering the details of the money remitted to the Defendant, the instant money is higher than the amount of other transfers, (iv) the Defendant received KRW 24 million from the Plaintiff and transferred it to the YY-gu, and immediately received it. This is consistent with the Plaintiff’s assertion on the reasons for the Plaintiff’s lending, and (iv) the account is in the school system.

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