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Reasons
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(영문) 수원지방법원 2016.10.13 2016가단507969
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. Basic facts

A. From July 26, 2004 to August 6, 2007, the Plaintiff, upon request from the Defendant’s wife, remitted the total of KRW 33 million to C’s account and KRW 20 million to the D’s account designated by C, respectively.

B. On April 11, 2011, the Plaintiff filed a loan claim lawsuit against C (U.S. District Court 201Da5437), and received a decision in lieu of conciliation as follows, and the said decision became final and conclusive as it is.

1. The Defendant shall pay to the Plaintiff KRW 55 million in installments, which reflects the unpaid interest rate up to now, as follows:

① Payment of KRW 5 million to the principal by July 31, 201 (2) payment of KRW 10 million to the principal by October 31, 2011

2. From April 201 to the completion of the repayment of the borrowed principal of KRW 50 million, the Defendant shall pay to the Plaintiff the interest calculated by the rate of 1% per month on the balance of the borrowed principal of KRW 50 million on the last day of each month.

3. If the Defendant’s each payment period under paragraphs (1) and (2) above is extended one time, the Defendant shall immediately lose the benefit of the period, and as to the remainder of KRW 55 million in the above paragraph (1) above and the balance of KRW 50 million in the borrowed principal, the interest for delay calculated by the rate of 20% per annum from the day after the date of loss of the due date to the date of full payment shall be paid to the Plaintiff at one time.

4. The plaintiff waives the remaining claims.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, each of the financial transaction information replys to the Korean Bank Co., Ltd., and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The defendant's wife C borrowed money from the plaintiff for the purpose of living expenses, and in fact, the above money was used as living expenses of the defendant and the defendant's wife.

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