(영문) 서울중앙지방법원 2015.06.18 2013가단267453

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(영문) 서울중앙지방법원 2015.06.18 2013가단267453

대여금

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Main claim;

A. The plaintiff's assertion that when the plaintiff worked as a designer, the defendant did not subscribe to the insurance that the defendant paid in 1,000,000 won per month, monthly, 2,000,000 won per month, and did not pay the insurance premium. Thus, the defendant paid in 18,00,000 won per month (10,000 won per month, 2,000,000 won per month) on behalf of the defendant.

The defendant then terminated the insurance contract and used the insurance money to be used by himself, so the amount of 18,00,000 won was borrowed.

The plaintiff repaid KRW 6,500,000 for the number of days used by the defendant, and lent KRW 3,200,000 to the defendant on August 16, 2002, and lent KRW 2,000,000 to the defendant on August 28, 2002, and lent KRW 50,000,000 on October 31, 2003.

The defendant prepared to the plaintiff a cash custody certificate that he shall pay the sum of KRW 30,700,000 to the plaintiff up to December 30, 2003.

Therefore, the Defendant is liable to pay the Plaintiff KRW 29,70,000,000, which was paid from KRW 30,700,000 to December 3, 2013, subtracting the remainder of KRW 1,00,000 which was paid by the Defendant.

(The plaintiff did not reduce the purport of the claim). (b)

Judgment

Gap evidence Nos. 1, 2, 4, 5, 6, and 7 were written only by the Plaintiff to pay 18,000,000 won for the Defendant’s insurance premium and to borrow it.

It is insufficient to acknowledge the fact that the Plaintiff lent KRW 12,700,000 to the Defendant, and that the Defendant provided a cash custody certificate to the Plaintiff with the intent to repay KRW 30,700,000, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion cannot be accepted.

(On the other hand, the defendant stated "30,700,000 won" on the date of the first pleading of this case as "the aggregate amount of calculation up to December 30, 2002", and there is no confession as to the fact that this statement was the cause of the claim. The evidence No. 1 of this case is "B custody certificate 30,700,000 won", and there is a trace changed from "202" to "203".

The Defendant borrowed KRW 30,700,000 from the Plaintiff on its sole basis.

(b).

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