(영문) 부산지방법원동부지원 2016.06.29 2015가단12316

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(영문) 부산지방법원동부지원 2016.06.29 2015가단12316

대여금등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 918,752,500 in total to the deceased C (hereinafter “the deceased”) and the Defendant from April 21, 2009 to July 15, 2010 (hereinafter “the instant loan”), and at the time, the loan was paid by means of remitting it to the name of D.

The Deceased transferred KRW 723,541,460 out of the above loans to the account under the name of the Defendant and used them.

Therefore, the defendant is obligated to pay the above loan as the borrower of the loan in this case.

B. The deceased alleged by the Defendant was unable to engage in a transaction under his name as a bad credit holder, and thus, he borrowed and used an account in the name of the Defendant in a de facto marital relationship with the Defendant.

The defendant did not borrow money from the plaintiff, and the background of the loan of this case is also ambiguous, and there is no way to use the loan.

2. According to the result of the judgment of Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 3-1, 3-3, and the order to submit financial transaction information to the National Bank of this court, the plaintiff remitted 918,752,50 won to the account under the name of Eul, and the fact that the plaintiff transferred 723,541,460 won from the account under the name of the defendant from the above D to the account under the name of the defendant is recognized, but the plaintiff did not prepare a loan certificate with the defendant in addition to the whole purport of the above evidence. According to the plaintiff's assertion, it is difficult to find that the plaintiff deposited 81 times to the deceased that the amount was all loans, and the plaintiff was presumed to have been well aware that the plaintiff used the account under the name of the defendant at the time of monetary transaction with the deceased, and the plaintiff was guilty of the defendant's fraud on the ground that he acquired the money by means of the loan of this case, but the defendant's spouse of Busan District Prosecutors's Office was the defendant 15.

유사 판례

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