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Reasons
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(영문) 대전지방법원 2015.08.18 2015가단196
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. Before 2003, the Plaintiff was engaged in monetary transactions under C and/or a loan for consumption by transferring it to the deposit passbook under the name of the Defendant.

B. In a deposit passbook under the name of the Defendant, KRW 38,00,000 on December 17, 2002, KRW 28,500,000 on October 20, 2003, and KRW 19,000 on January 13, 2004 were remitted to the Plaintiff respectively. Meanwhile, the Plaintiff wired KRW 33,00,000,000 on March 17, 2003, and KRW 6,000,00 on March 14, 2010 to the Defendant’s deposit passbook, respectively.

C. On December 8, 2014, the Plaintiff sent a peremptory notice to the Defendant to pay KRW 39,000,000,000 in total, including the amount of KRW 30,000,000 from September 1, 2009 and the amount of KRW 10,000,000 each thereafter, and the amount of KRW 6,00,000 from March 2010.

There is no written statement between the Plaintiff and the Defendant that expressed the intent of a monetary loan contract, a loan certificate, or a guarantee.

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

2. Determination as to the claim

A. The Plaintiff loaned KRW 39,00,000 to the Defendant’s passbook while making the Plaintiff’s assertion with C, and the Defendant promised to repay the said money in three equal installments around July 2009.

Therefore, the Defendant is liable to pay the Plaintiff the guaranteed debt for the above borrowed money.

(A) The plaintiff argues that the defendant and C actually borrow money as the same person, but according to the purport of the entire pleadings, the plaintiff does not dispute the fact that the person who entered into a monetary loan agreement is C).

Judgment

In light of the contents of monetary transactions between the Plaintiff and C or the contents of evidence No. 4 in the above basic facts, in light of the above basic facts, the respective descriptions of evidence No. 4-1 to No. 3, and the total sum of 39,000 in the deposit passbook under the name of the Defendant.

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