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Reasons
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(영문) 서울중앙지방법원 2017.05.25 2016가단126409
대여금
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1. As to the Plaintiff KRW 137,052,80, and KRW 90,000 among them, the Defendant shall start on November 6, 2014, and KRW 47,052 among them.

Reasons

1. Basic facts

A. On January 25, 2013, the Plaintiff’s husband C’s account on the 29th of the same month, and on the 18th of the same month, KRW 30 million,000,000 in total, from the Plaintiff’s account, were transferred to the Defendant’s account. As to this, the Defendant promised on May 1, 2013 to return KRW 30,000 to the Plaintiff on June 30, 2013.

b. The Plaintiff, on October 29, 2014, transferred KRW 90,00 from the Defendant’s account to the Defendant’s account. As to this, the Defendant, as of the same day, borrowed KRW 90,00 from the Plaintiff on October 29, 2014 without the molding the Plaintiff. The principal shall be repaid to the Plaintiff on a lump sum, including 20% (18,00,000) of the principal interest (hereinafter “the loan”). After one week, the Plaintiff prepared a loan certificate stating that “I will repay the interest to the Plaintiff on a one-time basis” (hereinafter “the loan certificate of this case”).

(hereinafter referred to as “instant two loans”) C.

On December 21, 2015, the Plaintiff transferred KRW 50 million to the Defendant’s account from C’s account, and the Defendant agreed to return the said money.

(hereinafter referred to as “three lendings in this case”). [Ground of recognition] A without dispute, entry in Gap 1 through 4 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the Defendant’s obligation to return the loan, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 1,50,000 (50,000,000,000,000,000 for the loan of this case 30,000 won (20,000,000 won for the loan of this case 30,000,000 won for the loan of this case) and damages for delay.

B. (1) The Defendant’s assertion and judgment (1) regarding the instant loan 2, the fact that the Defendant received KRW 90 million from the Plaintiff on October 29, 2014, but the said money was invested by the Plaintiff in auction from D.

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