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(영문) 부산지방법원 2018.04.25 2017나8798
대여금반환
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. During the period from January 2, 2015 to October 3, 2016, the Plaintiff transferred KRW 17,310,000, in total, to a deposit account (Account Number: D; hereinafter “instant deposit account”) in the name of the Defendant of the National Bank of Korea (hereinafter “instant deposit account”) on 21 occasions as follows.

Serial 1: 0. 26. 26. 30,00,00 on January 2, 2015; 20. 30,00 on January 29, 2015; 50,00 on March 12, 2015; 6. 0. 10,00 on March 20, 200 on March 20, 2015; 6. 0. 120,00 on March 12, 200 on March 23, 2015; 6. 10,000 on April 2, 2015; 10,000 on June 31, 200, 200 on June 4, 2015; 10, 2017;

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) The Plaintiff lent KRW 17,310,00 to the Defendant, and the Defendant is obligated to pay the said loan and the damages for delay to the Plaintiff.

Even if the defendant is liable for the name holder of the deposit account, the defendant is obligated to pay the above loan and the damages for delay to the plaintiff.

B. The gist of the Defendant’s assertion is that the Defendant’s deposit account is actually used by the Defendant’s Dong-in, and the Plaintiff paid KRW 17,310,000 to E, and the Defendant did not have borrowed the above money from the Plaintiff, and there is no obligation to pay the said money and its delay damages to the Plaintiff

3. Determination as to the cause of action

A. In the event that money is transferred to another person’s deposit account to determine a claim for a loan, the remittance may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment. Therefore, the mere fact that such remittance had been made is relevant to a loan for consumption.

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