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(영문) 울산지방법원 2016.12.08 2016나3164
대여금
Text

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. The parties' assertion

A. On February 24, 2014, the Plaintiff asserted that: (a) lent KRW 30 million to the Defendant for the cost of appointing a criminal case attorney at C, who is the Defendant’s husband; and (b) the Defendant paid only KRW 20 million to the Plaintiff; (c) the Plaintiff is obligated to pay the remainder of KRW 10 million and delay damages therefrom.

In addition, even if the above 30 million won is lent to C not by the defendant but by C, the above borrowed money is about daily home affairs, so the defendant is jointly and severally liable with C.

B. A person who borrows money from the Plaintiff on February 24, 2014 from the Defendant’s assertion is not the Defendant but C. The Defendant only lent the Defendant’s account to C.

2. Determination as to the cause of action

A. As to the primary argument, the Plaintiff lent KRW 30 million to the Defendant, and the Defendant paid only KRW 20 million to the Plaintiff, and thus, is obligated to pay the remainder KRW 10 million to the Plaintiff.

In light of the Plaintiff’s assertion, the Plaintiff transferred KRW 30 million to the Defendant’s account on February 24, 2014, and the Plaintiff transferred KRW 20 million from the Defendant’s account to the Plaintiff’s account on February 26, 2014. However, on October 23, 2013, the Plaintiff asserted that the Plaintiff lent KRW 20 million to C on October 23, 2013, which was the previous Plaintiff, and sent KRW 20 million to the Defendant’s account. However, in light of the Plaintiff’s assertion, the Plaintiff and the Defendant did not provide loans related to loans on February 24, 2014, the Plaintiff could not be concluded to have lent KRW 30 million to the Defendant’s account.

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