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(영문) 대구지방법원 2018.07.12 2017가단10159
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 1,250,00 and the interest rate of KRW 15% per annum from May 31, 2018 to the date of full payment.

Reasons

1. The plaintiff's assertion

A. On June 5, 2006, the Plaintiff lent the vehicle purchase price (10 million won on March 31, 2007), housing repair cost, etc. to Defendant C, as a down payment for purchasing a house, starting from leasing KRW 10 million as a down payment for purchasing a house.

B. Since Defendant B, who was the Plaintiff, could not look at his cosmetic’s children D, who was running a beauty room after the Plaintiff’s divorce, Defendant C retired from office and brought up Defendant B on behalf of the Defendant B, the amount of monthly fixed money was lent to Defendant C.

C. The details that the Plaintiff lent to Defendant C are as shown in the attached Table.

(In particular, the amount of KRW 2 million remitted on April 7, 2008, 200,000,000,000,000,000,000 won, which was remitted on July 4, 2012 by Defendant C, instead of Defendant C, was repaid on behalf of Defendant C, and the amount remitted on July 4, 2012, which was paid on behalf of Defendant C at the request of Defendant C, was paid on behalf of tax, and KRW 51,52,00,000,000,000,000,000,000,000,000,000,000,00

The Plaintiff lent a total of KRW 1,250,000 to the Defendant B.

2. Determination as to the Plaintiff’s claim against Defendant C

A. On March 31, 2007, the Plaintiff asserted that the actual borrower was the Plaintiff himself/herself, by purchasing a vehicle in the name of Defendant C around March 8, 2007 in the preparatory document on September 8, 2017, and submitted as evidence, and the said statement was reversed from the preparatory document dated December 11, 2017, and the owner of the said vehicle is the Defendant C and lent the vehicle to him/her. In light of the above, it is difficult to acknowledge the Plaintiff’s assertion in its entirety, and there is no clear explanation that it would be acceptable to reverse the Plaintiff’s argument, and the Plaintiff’s assertion regarding this is without merit.

B. The Plaintiff lent money to the Plaintiff even if there is no dispute over the fact that the Plaintiff provided and received money between the parties to the judgment on the remaining assertion of lending.

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