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Reasons
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(영문) 수원지방법원안양지원 2015.10.14 2015가단197
대여금
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1. The Defendant’s KRW 19,00,000 as well as 5% per annum from January 31, 2015 to October 14, 2015 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence 1, 2, and 4, taking into account the whole purport of the pleadings:

C on December 6, 2013, upon the Plaintiff’s request, lent KRW 40,000,000 to the Plaintiff. Among them, KRW 20,000,000 was remitted to the Plaintiff, and the remaining KRW 20,000 was remitted to the Defendant at the Plaintiff’s request.

The Plaintiff transferred the above KRW 20,000,000, which was remitted from C on the same day, to the Defendant again.

(C) Each of the above amounts of KRW 40,000,000,000, which was remitted to the Defendant by C and the Plaintiff (hereinafter referred to as the “Disputes”). (B)

Then, on October 7, 2014, the Defendant prepared and delivered the following loan certificates (hereinafter “instant loan certificates”) to the Plaintiff.

1. Principal: Gold million won (gold twenty thousand won);

2. Date of repayment: March 30, 2018 (40 months);

3. Method of payment: Deposit in the creditor’s passbook on the 30th day of each month.

4. Loss of Time: The debtor promises to borrow the above amount without recourse under the above conditions and to be punished for non-performance within the due date.

C. According to the loan certificate of this case, the Defendant paid to the Plaintiff KRW 500,000 (=20,000,000 ± 40 months) each of the installment payments on and after the end of November 2014 and the end of December 2014. However, upon filing the instant lawsuit, the Plaintiff did not pay the installment payments any longer upon filing the instant lawsuit.

2. The assertion and judgment

A. 1) The argument of the Plaintiff is that the Plaintiff borrowed from C at the request of the Defendant and lent the loan to the Defendant. On October 7, 2014, the Defendant drafted and delivered the instant loan certificate with respect to KRW 20,000,000 out of the above loan to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 40,000,000 and delay damages therefor. 2) The argument of the Defendant’s argument is that the KRW 40,000 has invested in the Plaintiff’s business (business trip), which is the Defendant’s seat, and the Defendant has made a contribution from the Plaintiff.

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