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Reasons
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(영문) 서울북부지방법원 2015.02.13 2014나800
대여금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. On July 13, 2004, in full view of the purport of the entire pleadings, the Plaintiff deposited KRW 15 million in the account of the National Agricultural Cooperative Federation in the name of the Defendant (number C and the issuance date of passbook C, March 26, 2004; hereinafter “instant one account”) (hereinafter “instant one”) on July 13, 2004.

2. The parties' assertion

A. On July 2004, the plaintiff claimed that the defendant would try to operate the steel store and requested the plaintiff to borrow money, and the plaintiff lent the money of this case to the defendant on July 13, 2004.

Therefore, the defendant is obligated to pay to the plaintiff 15 million won of the loan and damages for delay.

B. From springing around 2004, the Plaintiff and the Defendant conspiredd with the Plaintiff on the premise of marriage. At the Plaintiff’s request, the Plaintiff was unable to engage in bank transactions because of bad credit holders, the Defendant issued a passbook of this case and issued a card and passbook, and used it in the Plaintiff’s custody. The Plaintiff deposited most of the instant money deposited in the first account into the Defendant’s account into another account of the NACF in the name of the Defendant, and used the money by the Plaintiff. Thus, the Defendant did not borrow the instant money from the Plaintiff.

3. Determination of Gap evidence Nos. 1 and 2, Gap evidence Nos. 3-1, Eul evidence Nos. 10, Eul evidence No. 1, Eul evidence Nos. 2-1, 2, and Eul evidence Nos. 3-1 through 3, and the court appraiser E’s written appraisal by the court of first instance, the following facts and circumstances, namely, ① the plaintiff's knowledge of the defendant around 2003 and it appears that the plaintiff would have come to go to the defendant at around September 2004, and ② the funds of this case at the first account of this case on July 13, 2004, are as follows:

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