(영문) 의정부지방법원고양지원 2019.10.25 2019가단74443

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(영문) 의정부지방법원고양지원 2019.10.25 2019가단74443

차용금

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

2. All costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. Defendant C is the wife of Defendant B, and Defendant D is the wife of Defendant B.

The above-mentioned amount shall be 100,000,000 won per day of the loan certificate, and the interest rate shall be calculated as one copy and five percent per month, and the principal shall be paid on the date of the loan, and the principal shall be returned at least thirty (30) days before the request for the return.

B. On August 30, 2004, Defendant B drafted to the Plaintiff the following:

(A) Evidence No. 1 (c)

Defendant B paid KRW 103,00,000 to the Plaintiff on July 3, 2006.

(A) No. 4. D.

On July 4, 2006, the Plaintiff remitted KRW 50,000,000 to the account of Defendant C and D, respectively.

(A) Nos. 2 and 3. Loan Certificate No. 2,00,000 won (31,00,000) 21,000,000 won (3/22), 10,000,000 won (8/16) shall be borrowed on a fixed basis and the interest rate shall be paid at 1.5% per month, and the principal shall be paid within 30 days from the date of notice of return.

E. On September 22, 2007, Defendant B drafted to the Plaintiff the following:

(Evidence A) 5. [Reasons for Recognition] The fact that there is no dispute, each entry of Evidence A1 through 5, the purport of the whole pleadings.

2. The plaintiff's assertion

A. On Aug. 30, 2004, the Plaintiff returned money to Defendant B on July 3, 2006, and thereafter lent KRW 100,000,000 to the Defendants at Defendant C and D’s request on July 4, 2006.

The Defendants are jointly and severally liable to return KRW 100,000,000 to the Plaintiff.

B. On March 22, 2007 and August 16, 2007, the Plaintiff lent KRW 31,000,000 to Defendant B.

Defendant B is obligated to return KRW 31,000,000 to the Plaintiff.

3. Determination as to the cause of action

A. With respect to the Defendants’ claim of KRW 100,000,000 against the Defendants, the responsibility to prove the conclusion of the monetary loan contract in a lawsuit claiming the return of the loan lies in the Plaintiff claiming its effect, and there are several reasons for sending money to another person’s account. As such, the said obligation may be

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