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1. The Defendant: KRW 23,811,30 for the Plaintiff and KRW 5% per annum from July 6, 2017 to November 15, 2018; and
Reasons
1. The Plaintiff and the Defendant are living together with the Defendant from March 2011 to April 2017.
Heged
(C) No dispute exists; 2. The party's assertion
A. From April 4, 2011 to December 1, 2016, the Plaintiff asserted that the Plaintiff lent KRW 75,678,276 to the Defendant, as shown in attached Table 1.
B. Defendant 1) The monetary transaction alleged by the Plaintiff is not a loan, but a loan used for the Plaintiff’s community life, or a donation made to the Defendant, and the Defendant also disbursed living expenses of not less than the amount used by the Plaintiff. 2) The Defendant has partially borrowed money during the period of living.
Even if the money transferred to the Plaintiff’s account was fully repaid.
3. Determination
A. Whether a loan is recognized or not can not be determined as a donation immediately on the ground that two persons having exchange of money recognized as a loan are both men and women living together with the other party. Whether the cause is a loan or donation must be determined by comprehensively taking into account the details and purpose of giving and receiving the money, amount, and intention of return, etc. In other words, when considering the circumstances such as (i) the amount of the given money accounts for the other party’s property or remuneration in the situation where the money is insufficient; (ii) the other party paid or promised to pay the money entirely for his own personal purpose regardless of community life and (iii) the other party paid or received the money entirely for the other party’s personal purpose regardless of community life; and (iv) the other party is deemed to have given money on the premise that the other party bears a legally binding obligation of repayment. When examining the following circumstances in full view of the overall purport of arguments in the financial transaction information submitted by each bank, the part of the attached Table 1, 2, 5, and 12 as indicated in the attached Table 2, 9060 won and 90.