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Reasons
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(영문) 대구지방법원 2019.01.24 2018가단100578
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. On March 27, 2012, the Plaintiff asserted that the Defendant lent KRW 200 million to the Defendant by means of remitting to the deposit account in the name of the Defendant, without setting interest or the due date, and that the Defendant paid KRW 16,680,29 of the loan balance that was not repaid to the Defendant and the delay damages therefrom.

The defendant asserts that he is merely the nominal holder of the defendant's account, and that he did not borrow KRW 200 million from the plaintiff.

2. In full view of the purport of the entire argument in Gap evidence No. 1, the plaintiff transferred the amount of KRW 200 million on March 27, 2012 to the deposit account (D Bank, Account Number E, hereinafter "the defendant account of this case") in the name of the defendant (hereinafter "the defendant account of this case"). The fact that the plaintiff transferred the amount of KRW 200 million on March 29, 2012 in the name of the defendant to the deposit account in the plaintiff's name after March 29, 2012; KRW 15 million on September 4, 2012; and KRW 10 million on August 21, 2013; and KRW 20 million deposited on March 29, 2012 and KRW 10 million deposited on August 2, 2013 can be acknowledged.

In other words, even if the plaintiff's assertion is based on the following circumstances, the person who requested the lending of KRW 200 million to the defendant was not the defendant, but the defendant merely borrowed the defendant's account in exchange for the payment of the amount of KRW 200 million from the plaintiff, and the defendant asserts that the amount of KRW 200 million was not related to this case's transaction. The money of KRW 200 million was deposited from the F Cooperatives near the residence of the defendant on the day when the money was transferred to the defendant's account, and the defendant's residence was withdrawn from the Daegu-gu, and the amount of KRW 200 million was transferred to the defendant's account.

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