(영문) 서울서부지방법원 2018.05.24 2017가합34905

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(영문) 서울서부지방법원 2018.05.24 2017가합34905

대여금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the parties' arguments;

A. As of March 5, 2017, the purport of the Plaintiff’s assertion and Defendant B had engaged in monetary transactions for a long time, and as of March 5, 2017, the sum of the loans that Defendant B had not repaid to the Plaintiff was KRW 430,925,419, and Defendant C and Defendant D agreed to jointly and severally repay the loans owed by Defendant B, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 430,925,419 and delay damages therefrom.

B. Defendant B did not borrow the same amount of money as the Plaintiff asserted, and Defendant C and D did not agree to jointly pay the money with Defendant B.

2. According to the evidence Nos. 1 and 2, it is recognized that Defendant B prepared and sent to the Plaintiff a loan certificate stating that Defendant B borrowed money several times from the Plaintiff around 2013 and around 2015, and that the Plaintiff sent the Defendant’s answer to the Defendants on March 5, 2017 to the effect that Defendant B consented to the Defendants’ sending of the Kakao Stockholm messages, the total debt of Defendant B was KRW 430,925,419.

However, in light of the following circumstances acknowledged by comprehensively considering the purport of the entire pleadings in each of the statements Nos. 1 and 2 (including virtual numbers), Defendant B borrowed KRW 430,925,419 in total from the Plaintiff solely on the basis of the aforementioned facts.

It is insufficient to view that the Defendants agreed to jointly and severally pay the above money to the Plaintiff, and there is no other evidence to acknowledge it.

(1) The Plaintiff and Defendant B came to know about around 2001, and came to develop into the relationship between men and women since 2006.

(2) Around June 2015, Defendant B purchased a house located in Eunpyeong-gu E from KRW 220 million and resided with the remaining Defendants, a child, after purchasing the house located in Eunpyeong-gu E, and even around that time, Defendant B resided together in the said house and lived together with the Defendants.

(3) Defendant B is against the money that the Plaintiff gave to Defendant B.

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