(영문) 춘천지방법원 2018.05.09 2017나51140

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(영문) 춘천지방법원 2018.05.09 2017나51140

대여금(송금)

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff leased KRW 50 million to the Defendant on March 14, 2013, and thus, the Defendant should return it.

B. The Defendant’s assertion that the Plaintiff lent KRW 50 million to C on March 14, 2013, and C again lent the said money to F. The Plaintiff merely received KRW 50 million from the Defendant’s account under the name of the Defendant because F was unable to engage in transactions with its own passbook.

The defendant is not the debtor.

2. According to each of the statements in Gap evidence Nos. 1 and 2 (including a Serial number; hereinafter the same shall apply), it is recognized that the plaintiff remitted KRW 50 million to the defendant's account under the name of the defendant on March 14, 2013.

However, in light of the following facts acknowledged by the purport of Gap evidence Nos. 15, Eul evidence Nos. 15, Eul evidence Nos. 1 and 5 and the entire pleadings, the above KRW 50 million was deemed to have been borrowed from the plaintiff and lent to F. Thus, it is insufficient to recognize that the plaintiff lent KRW 50 million to the defendant, and there is no other evidence to acknowledge this.

① The F has long been trying to develop the development project of the land D and E (hereinafter “instant land”), and the Defendant decided to participate in the development project around March 2013.

On March 14, 2013 with F’s aid, the Defendant concluded a sales contract with G, the owner of the instant land, and 1.6 billion won to purchase the instant land, and the Defendant and F proposed to lend KRW 50 million to C in order to prepare the down payment.

C was able to contact the Plaintiff and transfer KRW 50 million to the remittance. Upon the Plaintiff’s consent, C notified the Plaintiff of the account number in the name of the Defendant, and the Plaintiff wired KRW 50 million to the Defendant’s account.

② C filed a complaint with the Defendant and F, which did not repay the above KRW 50 million, by fraud, etc.

C If the defendant lends 50,000,000 won to the investigation agency, the defendant will give 100,000 won at the end of May.

유사 판례

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