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Reasons
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(영문) 대구지방법원상주지원 2017.08.23 2017가단352
대여금
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The defendant's KRW 48 million to the plaintiff and its 5% per annum from March 11, 2015 to January 26, 2017.

Reasons

1. Basic facts

A. On October 16, 2014, the Plaintiff wired KRW 10 million in the name of the Defendant, KRW 2 million in the same month, KRW 28.2 million in the same month, KRW 10 million in November 3, 2014, KRW 17.20 million in the same month, and KRW 72 million in the aggregate on December 9, 2014.

B. The Plaintiff received reimbursement of KRW 24 million up to June 23, 2015, including the repayment of KRW 10 million on May 9, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff leased KRW 72 million to the Defendant on the first order of March 2015. As such, the Defendant ought to pay the interest or delay damages from December 10, 2014, excluding KRW 24 million repaid to the Plaintiff as above, and from the following day of the lease to the date of full payment.

B. Since the other party who lent money to the defendant is not the defendant but the defendant's husband C, the defendant does not have a duty to pay 48 million won to the plaintiff.

3. Determination

A. In full view of the following circumstances, it is reasonable to view that the Plaintiff’s lending of money is the Defendant in full view of the evidence Nos. 1 through 5, the statement No. 1, and the witness witness D’s testimony.

(A) (A) Even if the Defendant is not the other party to the loan, it should be deemed that at least the Defendant had the intent of guarantee, and thus, the Defendant is liable for the loan. ① The amount transferred by the Plaintiff to the head of the Tong under the name of the Defendant appears to have been used as the construction cost of the building newly constructed by the Defendant husband C. In addition, the Defendant asserts that the lending partner is C and himself was only the lending of the head of the passbook to C. If the Defendant simply lent the head of the passbook to C, and he did not participate in the lending of money from the Plaintiff, the Defendant’s name.

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