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(영문) 대구지방법원 2017.01.12 2016나306618
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 25, 2006, the Plaintiff transferred KRW 13,000,000 to the Defendant with the remitter’s name C (hereinafter “the instant money”).

B. C signed and sent to the Plaintiff, on December 7, 2012, each of the following content (No. 3-1, hereinafter “each of the instant notes”).

In each letter: The borrower C [based] of the facts that there is no dispute, the entry of the evidence No. 1, No. 2 and No. 3-1 of the evidence No. 3, and the purport of the whole pleadings and arguments as a whole, at the intervals of August 25, 2015, for the period of time until August 25, 2015.

2. The Plaintiff, which caused the Plaintiff’s claim, lent the instant money to the Defendant, and C, who is the Defendant, guaranteed the said money.

Therefore, the defendant is obliged to pay the plaintiff 13,000,000 won and damages for delay.

3. Determination on the cause of the claim

A. Even if there is no dispute over the fact that the parties involved in the relevant law exchange money, the plaintiff asserts that the cause of receiving money is a loan for consumption, while the defendant asserts that it is a loan for consumption, the plaintiff bears the burden of proving that it is a loan

(See Supreme Court Decision 72Da221 delivered on December 12, 1972). B.

Judgment

The following circumstances, i.e., the facts acknowledged earlier, Eul evidence 2, Eul evidence 3-1 to 3, and documents that can be acknowledged by the purport of the entire pleadings, i.e., ① the defendant do not submit to the defendant any document that can directly recognize that the money in this case is a loan, such as a loan certificate, with respect to the money in this case between the defendant and the defendant, ② the plaintiff remitted the money in the name of the defendant, ③ himself entered the lender in the name of the defendant, ③ himself entered, and ④ the preparation process of the letter in this case, the plaintiff lent the money in this case to C in the trial for the sum of 11,50,000 won from November 25, 2009 to October 24, 2011, and was prepared to receive the above loan.

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