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Reasons
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(영문) 인천지방법원 2016.04.20 2015가단235925
대여금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The parties' assertion

A. On April 21, 2014, the Plaintiff’s husband and wife for the Plaintiff’s husband and wife at the test cost for opening a sales outlet for pet animals on April 21, 2014, KRW 11 million, and the same year.

5.7. Use of 20 million won for purchase of pet animals, the same year;

6. On September 30, 2014, 26. The Defendant’s husband’s statement that the above loan ought to be adjusted from the Defendant’s husband C due to a financial shortage and that it may not be recovered, was determined and lent as operating funds the sum of KRW 36 million, which is KRW 67 million due on September 30, 2014. As such, the Defendant is liable to pay the Plaintiff the above loan amounting to KRW 67 million as the borrower or the Plaintiff as the lender who lent the business registration and the passbook, and the delay damages therefrom.

B. The defendant's assertion that the plaintiff engaged in a pet animal business with C, and the defendant only lent the name of the business operator to C while working in cosmetic, did not participate in the above business, and the plaintiff was well aware of it, so there is no obligation for the defendant to pay the above loan to the plaintiff.

2. Facts of recognition;

A. The Plaintiff’s account opened by the Defendant on September 23, 2013 is KRW 10 million on April 21, 2014, and the same year.

5.7.20 million won, and the same year;

6. 26. 36.36.6 million won was remitted, and the Defendant’s husband C was delinquent in paying taxes of KRW 12,607,530,00 at the time of the above remittance.

B. On April 28, 2014, the Plaintiff opened an Internet network service to be used in the instant store in the Plaintiff’s name as the Plaintiff’s phone number, but changed the name of the Defendant on June 24, 2015. The Plaintiff did not sign the Defendant’s written application for change of name.

C. On May 2, 2014, the Plaintiff leased the store of this case (Seoul Bupyeong-gu D, 4th1, and 3) in KRW 15 million, and the Defendant registered the business of the store of this case with the trade name “E”.

On May 30, 2014, the Plaintiff opened a passbook with the limit of one-time transfer of KRW 10 million and the limit of one-day transfer of KRW 10 million in the Nonghyup Bank.

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