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Reasons
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(영문) 춘천지방법원 2015.08.11 2015가단93
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts of recognition are acknowledged in full view of the following: (a) interest rate of KRW 100 million on April 24, 2005; (b) borrowed money under the name of KRW C (Evidence A) on January 25, 2005; and (c) receipt of KRW C (Evidence A) on January 25, 2005 from the Plaintiff that the Plaintiff received KRW 100 million on January 25, 2005; (c) issue date; (d) promissory notes (Evidence A) on April 25, 2005, issued date on April 24, 2005; or (e) there is no dispute between the parties concerned; or (e) the entire purport of the pleadings as a whole.

2. The assertion and judgment

A. The plaintiff's assertion argues that the plaintiff received a request from the defendant introduced through D to lend funds for military payment business, and that on January 25, 2005, the defendant 100 million won (hereinafter "the loan of this case") was set at 4% per interest month and the due date on April 24, 2005.

B. In light of the following circumstances, the Plaintiff’s testimony of the witness D and the entire purport of the pleadings, namely, the loan certificate (Evidence No. 1), receipt (Evidence No. 2), promissory note (Evidence No. 3) received by the Plaintiff from the Plaintiff, and the Defendant’s mother-child C, not all the Defendant, and the Plaintiff is merely a loan certificate, receipt, or promissory note under the name of C, which was owned by the Defendant due to the Plaintiff’s absence of funds at the time. However, if the Plaintiff actually intended to lend 100 million won or a large amount of money to the Defendant, the Plaintiff did not have any right to know that the Plaintiff was either jointly owned by the Defendant or jointly owned by the Defendant at least was able to receive the Defendant’s joint and several surety loan certificate, and D, which introduced the Defendant to the Plaintiff, was later received KRW 100 million from the Plaintiff, but whether the Plaintiff actually lent it to the Defendant.

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