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Reasons
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(영문) 광주지방법원 2014.05.20 2013가단39396
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. Facts of recognition;

A. The Plaintiff, the Defendant, and D (Opening Title: E) are souths, and F is their mother.

B. On May 12, 2009, the Plaintiff withdrawn KRW 100 million from the account of his Namju Agricultural Cooperative (G) in two pages of cashier’s checks of KRW 50 million at par value (H and I), and opened two units of fixed deposit in the name of F (20 million and KRW 30 million) at the Gwangju branch of the Korea Investment Savings Bank Gwangju on the same day as one of which is the mother on the same day.

C. On May 12, 2009, the Plaintiff opened a deposit passbook in the name of F in the Gwangju branch of the Korea Investment Savings Bank (hereinafter “instant passbook”) in the name of F, and has been managing the said deposit passbook by receiving loans from time to time with two deposits per the said term deposit account as collateral.

On January 5, 2010, the Plaintiff withdrawns KRW 43 million from the passbook of this case and remitted it to K. On January 6, 2010, the Plaintiff withdrawn KRW 11.3 million from the account of the South Mine Agricultural Cooperative (G) in the name of the Plaintiff and remitted the amount of KRW 8.7 million to D and the Defendant respectively.

E. On June 29, 2012, the Defendant transferred KRW 30 million to the Plaintiff’s New Bank Gwangju Dong branch account (L).

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence (including paper numbers), Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion and judgment

A. On January 5, 2010, upon receiving a request from the Defendant and D to lend money necessary for running a restaurant, the Plaintiff: (a) withdrawn KRW 43 million from the passbook in the name of F on January 5, 2010; and (b) remitted money to K, the former lessee of the building that the Defendant et al. intends to rent; (c) lent KRW 1.3 million to D and the Defendant on January 6, 2010, respectively; and (d) received KRW 30 million from the Defendant; and (c) thereafter, the Defendant claimed that KRW 30 million should be paid from the Defendant as a joint borrower; and (d) the Defendant received KRW 43 million from F to operate a restaurant; and (e) provided the remainder of KRW 20 million.

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