(영문) 대전지방법원 2018.10.05 2018가단10903

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(영문) 대전지방법원 2018.10.05 2018가단10903

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. Upon receiving the Defendant’s request, from July 26, 2017 to October 27, 2017, the Plaintiff’s assertion: (a) remitted total of KRW 54.67 million to the bank account in the name of the Defendant; and (b) lent KRW 67.67 million to the Defendant several times by granting in cash, etc.; and (c) the Defendant is obliged to pay the Plaintiff the above loan amounting to KRW 67.67 million and delay damages.

B. Since the payment of money to another person can be made through various causes, such as a loan for consumption, an investment, and a donation, it cannot be readily concluded that there was the unity of the parties with respect to a loan for consumption of money solely on the sole basis of having received money between the parties

In addition, even if there is no dispute as to the fact that the parties gave and received money, the plaintiff's assertion that the loan was lent is proved by the burden of proof against the plaintiff who asserts that the loan was lent.

(see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). According to the respective descriptions of evidence Nos. 1, 3, and 4, the Plaintiff may recognize the fact that the Plaintiff remitted the sum of KRW 5,467,00,00 to the bank account in the name of the Defendant from July 26, 2017 to October 27, 2017.

However, there is no evidence to prove the above assertion that the plaintiff delivered the defendant a total amount of KRW 13 million to the defendant. Furthermore, in light of the fact that the plaintiff was present on the date of pleading in this case, and the plaintiff did not prepare a certificate of borrowing and other disposal documents with the defendant as to the above KRW 54.67 million, and stated that the repayment period and interest were not specified, it is not sufficient to recognize that the plaintiff lent the above KRW 677 million to the defendant, and there is no evidence to prove otherwise.

Therefore, the plaintiff is in cash to the defendant.

참조판례

-대법원 2018. 1. 24. 선고 2017다37324 판결

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