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(영문) 수원지방법원 2018.02.01 2017나5003
대여금
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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 Plaintiff asserted that the Defendant lent KRW 7,00,000 in total to the Plaintiff, including KRW 5,00,000,000 on December 11, 2012 and KRW 2,00,000 on December 27, 2012, and KRW 7,000,000, and that “the Defendant shall pay to the Plaintiff the amount of KRW 7,00,000 and the delayed payment thereof,” but the court of first instance rejected the Plaintiff’s claim regarding KRW 5,00,00 as of December 11, 2012, and only received the Plaintiff’s claim regarding KRW 2,00,000 on December 27, 2012, the first instance court rendered a judgment that only received the Plaintiff’s claim regarding KRW 2,00,000,00 on December 27, 2017. Accordingly, the Defendant only appealed this Court’s appeal.

2. Comprehensively taking account of the purport (including the absence of any dispute) of the entire pleadings in the written evidence No. 4 of basic facts, the Plaintiff may recognize the fact that on December 27, 2012, the Plaintiff transferred KRW 2,000,000 (hereinafter “the instant money”) to the second person or the Defendant, who is the Plaintiff, by account transfer.

3. The parties' assertion and judgment

A. On the other hand, the Plaintiff asserts that the Defendant provided “loan” to the Defendant, and the Defendant, through the Plaintiff or the mother of the Plaintiff, received the instant money from the Plaintiff or the Defendant’s mother.

B. Therefore, each of the following facts or circumstances, which can be acknowledged by the purport of Gap evidence No. 1-2, Gap evidence No. 1-2, Gap evidence No. 2, 3, and 5 and all of the pleadings, i.e., ① the plaintiff loaned 3,00,000 won to the defendant around October 21, 201, and 6,000 won on November 6, 2013, and 30,000,000 won around March 28, 2014, respectively, and the defendant also lent money to the plaintiff as above to the plaintiff not to pay the money to the plaintiff for consideration, but to pay the money to the plaintiff for consideration.

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