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Reasons
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(영문) 광주지방법원 2020.10.15 2019가단527987
대여금
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Defendant B’s KRW 67,189,752 to the Plaintiff and its related KRW 5% per annum from October 13, 2017 to October 15, 2020.

Reasons

1. Facts of recognition;

A. Defendant C is the child of Defendant B, and the Plaintiff transferred KRW 100 million to Defendant C’s account on April 12, 2017.

B. From April 13, 2017 to October 12, 2017, the sum of KRW 34.6 million was deposited from the Defendant C’s account to the Plaintiff’s account at least 11 times as follows:

Serial 1 2017-04-13,70,000 22017-04-14,700,000 32017-14-14,70,000 3,707-04-16 3,700,000 4 2017-04-18, 2017-04-18,700 6 2017-04-19 3,700,700 3,700 72017-04-213,70,000, 3700, 2017-04-23,70, 700, 0009-12, 012, 007-10, 2010-10, 2010-10, 207

2. The parties' assertion

A. The Defendants jointly borrowed KRW 100 million from the Plaintiff by paying interest at 24% per annum, and jointly borrowed KRW 100 million from the Plaintiff.

B. Defendant B asked D to lend KRW 100 million, and notified Defendant C’s account number to D. However, Defendant B had a phone call from D to be deposited KRW 100 million in the Plaintiff’s name, and Defendant B deposited money at any time on account of having known the Plaintiff’s account number.

Therefore, since a person who lent KRW 100 million to Defendant B did not borrow KRW 100 million from the Plaintiff, the Plaintiff’s claim against Defendant B is without merit.

3. Determination as to the claim against the defendant B

A. The following circumstances are acknowledged by comprehensively taking account of whether a person who lent KRW 100 million to Defendant B is the Plaintiff or the Plaintiff, and the purport of the entire pleadings, namely, ① the Plaintiff deposited KRW 100 million in the Defendant C’s account, which is the Plaintiff’s children, using the Defendant C’s account, and Defendant B partly repaid the Plaintiff’s loan by remitting KRW 34.6 million in total to the Plaintiff’s account via the Defendant C’s account, ② the Plaintiff urged Defendant B to pay the loan by text message, and the Defendant B responded to resolve the time.

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