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Reasons
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(영문) 서울중앙지방법원 2014.04.03 2013가합60826
대여금
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1. The Defendant’s KRW 186,50,000 for the Plaintiff and KRW 5% per annum from August 17, 2013 to April 3, 2014.

Reasons

1. Basic facts

A. On February 28, 2005, the Plaintiff deposited KRW 8,800,000 in a passbook in the Jeju Bank under the name of the Defendant, and transferred to the Defendant KRW 196,80,000 over one time from December 28, 2005 to December 19, 2006 as indicated below.

Amount of remittance date: 8,80,000 won on December 28, 2005; 4,000,000 won on March 6, 2006; 30,000,000 won on March 10, 2006; 5,000,000 won on March 23, 2006; 8,000,000 won on April 12, 2006; 17, 200,000 won on April 30, 206; 10,000 won on July 25, 2006; 10,000,000 won on November 20, 200, 200, 10,50,000 won on August 10, 200, 200, 1000 won on June 10, 2009;

B. In order to clarify the legal nature of the above remittance amount, the Plaintiff received on December 20, 2006 the certificate of borrowing from the Defendant 225,000,000 won, and the above amount. The Plaintiff received the certificate of borrowing from the Defendant 225,00,000 won.

C. The Plaintiff transferred KRW 6,500,000 on February 5, 2007, and KRW 5,000,000 on February 14, 2007 to each Defendant’s account under the name of each Defendant.

On May 2, 2007, the Defendant remitted KRW 30,000,00 to C, the Plaintiff’s punishment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including the branch numbers for which each number exists), the purport of the whole pleadings

2. The parties' assertion

A. Each of the above money that the Plaintiff asserted transferred to the Defendant is a loan of its legal nature.

The Defendant, as seen in the facts of recognition, is liable for the remainder of KRW 206,50,00 (hereinafter the loan of this case) and damages for delay, after deducting the Plaintiff’s already paid KRW 30,000 from the total amount of KRW 236,50,000 ( KRW 6,500,000) of each of the loans lent by the Plaintiff as seen in the facts of recognition, from the total amount of KRW 225,00,000 ( KRW 5,000,000).

B. On November 1, 2005, the Defendant: (a) concluded a contract on November 1, 2005, on the transfer of 50,000 shares of Esypt Co., Ltd., Ltd. (hereinafter “Esypt”) under the name of the Defendant to KRW 450,00,000; and (b) the said KRW 236,50,000 that the Plaintiff remitted to the Defendant is the price for the transfer of shares as above.

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