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Reasons
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(영문) 대구지방법원 2016.05.25 2015나18143
대여금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff operates E in Ansan-si, and Defendant B served as E’s automobile sales agent from January 201 to April 2013, 201, and Defendant C is the mother of Defendant B.

B. From April 11, 201, the Plaintiff deposited KRW 17,000,000 in a passbook under Defendant C’s name, as well as deposited KRW 1,000,000 in a total of KRW 81 times until November 29, 2012.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 (including paper numbers)]

2. Determination as to the cause of action

A. On March 201, 201, the Plaintiff: (a) decided to lend KRW 200,000 each month to Defendant B; (b) deposited the loan with the passbook in the name of Defendant C; and (c) Defendant B agreed to pay the loan together with Defendant C; and (d) the Plaintiff deposited KRW 17,00,000 in total to Defendant C by November 10, 2012; (b) the Defendants jointly and severally have the obligation to pay the Plaintiff KRW 17,00,000,000 and its delay damages. (c) The Defendants asserted that the Plaintiff paid KRW 200,000 as special allowances for Defendant B’s business.

B. In light of the following facts or circumstances, it is difficult to view that the Plaintiff paid KRW 17,00,000 to the Defendants as a loan, and there is no other evidence to acknowledge otherwise. However, according to the following facts or circumstances, it is difficult to view that the Plaintiff paid KRW 17,00,000 to the Defendants as a loan, and there is no other evidence to acknowledge otherwise.

① The Plaintiff paid KRW 200,000 per week to the Defendants, except for KRW 1,00,000 which was first deposited by the Defendants, which is inconsistent with the Plaintiff’s first assertion that it would pay KRW 200,000 per month.

② Meanwhile, the Plaintiff asserts that Defendant B loaned KRW 17,000,000 to Defendant C’s personal debt of KRW 20,000,000, and the Plaintiff lent KRW 17,000 to Defendant C. However, KRW 1 year.

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