(영문) 수원지방법원안양지원 2017.06.22 2016가단3193

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(영문) 수원지방법원안양지원 2017.06.22 2016가단3193

대여금

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1. The Defendant’s KRW 180,610,00 for the Plaintiff and 5% per annum from March 4, 2016 to June 22, 2017, and the following.

Reasons

1. Basic facts

A. The plaintiff living together with the defendant and received a loan under the name of the plaintiff and used it as the defendant's business fund.

B. After that, on May 11, 2015, the Defendant sent to the Plaintiff a note of the title that the repayment of loans was to be made, and the attachment file (for example, the expected amount of repayment of loans) on that note states that the total amount to be paid for KRW 1886 million on the settlement date per month is KRW 2,501,041.

C. After that, the Defendant paid KRW 5,390,00 to the Plaintiff over two months.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 4 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff lent KRW 186 million to the defendant and paid KRW 5,390,000 to the defendant. Thus, the defendant must pay the remaining KRW 180,610,000 to the plaintiff and the delay damages.

B. The Defendant’s assertion does not have borrowed KRW 186 million from the Plaintiff, and the said money is merely a cost of living incurred during the period in which the Plaintiff and the Defendant living together (from June 2013 to December 2014).

3. Determination

A. In light of the following circumstances, it is reasonable to view the instant money as the amount lent to the Defendant by the Plaintiff, in full view of the facts and the purport of the entire pleadings as seen earlier.

① It is too large to view that the Plaintiff and the Defendant paid KRW 186,00,000 to the Plaintiff’s name as the cost of living that may normally arise during the period of living together with the Defendant, and as seen earlier, the said amount seems to have been used as the Defendant’s business fund.

② In light of the fact that the Plaintiff and the Defendant were the death living together with the Defendant, even if the Plaintiff and the Defendant did not prepare a loan certificate and did not specify the maturity and interest, it is not natural that the loan was made.

③ The Plaintiff’s attached file is the expected amount of loans repaid by the Defendant to the Plaintiff.

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