Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Paragraph 1 of the judgment of the court of first instance is applicable.
Reasons
1. Basic facts
A. The defendant is the plaintiff's discount.
B. From September 1, 2004 to July 19, 2005, the Plaintiff transferred a total of KRW 310 million to an account under the name of the Defendant (D Bank E; hereinafter “instant account”) on seven occasions as indicated in the following table.
The remittance date of 10 million won on September 1, 2004, KRW 310 million on September 1, 2004, KRW 300 million on September 1, 2004, KRW 300 million on March 9, 2005, KRW 40 million on April 22, 2005, KRW 50 million on April 25, 2005, KRW 60 million on April 1, 2005, KRW 75 million on July 18, 2005, KRW 315 million on July 19, 2005, KRW 310 million on July 1, 2005, without any dispute, and the purport of all pleadings and arguments.
2. The assertion and judgment
A. The plaintiff 1) lent a total of KRW 310 million to the defendant on seven occasions from September 1, 2004 to July 19, 2005. Thus, the defendant is obligated to pay the plaintiff a total of KRW 310 million to the plaintiff. 2) The co-defendant C (hereinafter referred to as "C") of the court of first instance (hereinafter referred to as "the defendant's husband") who is the defendant's husband of the defendant borrowed the above KRW 310 million from the plaintiff using the account of this case, and the defendant did not borrow the above KRW 310 million from the plaintiff.
B. In full view of the following circumstances, comprehensively taking account of the evidence and evidence mentioned above as well as evidence Nos. 6, 9, and 1, as well as the response of the order to submit financial transaction information to F banks of this court, and the testimony of F Bank G of this court witness G, which are acknowledged as being comprehensively taken into account the overall purport of the pleadings, it is reasonable to view that the Plaintiff’s total amount of KRW 310 million transferred to the instant account seven times from September 1, 2004 to July 19, 2005, was the Plaintiff’s lending of KRW 310 million to the Defendant, even if the above KRW 310 million was used as the Defendant’s husband’s business fund.
① A person who asked the Plaintiff to lend the said money whenever he receives the said money from the Plaintiff was the Defendant, and the Plaintiff was the Defendant’s name.