beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The fact that the Plaintiff paid KRW 7 million to the Defendant’s account on April 15, 2015 (hereinafter “the instant money”) is not a dispute between the parties.
The plaintiff asserts that upon the defendant's request, the defendant is obliged to pay the above loan amount of KRW 7 million and delay damages from April 17, 2015, which is the day following the due date, since the defendant lent the above amount to the defendant on April 16, 2015.
In this regard, the defendant asserts that no money was borrowed from the plaintiff, and that C, while borrowing the money from the plaintiff, had C pay it directly to the defendant in order to pay C's debt to the defendant.
2. Determination
A. In a case where a transfer is made by transferring money to another person’s deposit account, such transfer may be made based on a variety of legal causes. Therefore, the mere fact that such transfer was made cannot be readily concluded that there was an intention to share the loan for consumption between the parties (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such transfer was made by the parties to the loan for consumption is the Plaintiff asserting that the said transfer was made based on the loan for consumption between the parties.
(Supreme Court Decision 2014Da26187 Decided July 10, 2014). B.
In light of the following circumstances, evidence Nos. 2, 3, and 2, 3, 4, and 9 of Gap, and evidence Nos. 2, 3, 4, and 9 of Eul, and witness C of the first instance trial, and the purport of the entire pleadings, it is reasonable to view that the instant money is the amount that the plaintiff lent to the defendant by setting the repayment period on April 16, 2015.
Each description of the evidence of heading 1 to 5 and 9 shall not interfere with the above recognition.
순번 날짜 원고의 계좌 ⇒ 피고의 계좌 원고의 계좌 피고의 계좌 1 2015. 2. 9. 3,000,000원 2 2015. 2. 10. 3,000,000원 3 2015. 2. 11. 1,500,000원 4 2015. 2. 12. 1,500...