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(영문) 대구지방법원포항지원 2020.10.06 2020가단1644
대여금
Text

The defendant's KRW 19,00,000 to the plaintiff and 5% per annum from June 6, 2020 to October 6, 2020 to the plaintiff.

Reasons

1. Case summary and judgment

A. On December 18, 2019, the Plaintiff lent KRW 30,000,00 to the Defendant. From October 2019 to December 2019, the Defendant asserted that (a) from around October 2019 to December 2019, the amount that the Defendant lent from the Plaintiff the credit card is KRW 1,814,140, and the amount that the Plaintiff has failed to pay is KRW 31,814,140, and damages for delay are claimed.

However, it is insufficient to recognize the above assertion only with the descriptions of Gap evidence Nos. 1 through 4.

[Defendant asserts that the above money for which the Plaintiff seeks payment was paid is received and used as joint living expenses or investment funds under an agreement between the Plaintiff and the Defendant. Since the transfer of money to another person's deposit account may be based on various legal causes, such as loan for consumption (loan), donation, repayment, etc., in the event that such transfer was made, it cannot be readily concluded that there was an agreement among the parties to a loan for consumption, etc., and the burden of proving that such transfer was made has been caused by a loan for consumption, etc. In light of the above, the Plaintiff asserts that the transfer was made based on a loan for consumption, etc., and the burden of proving that the transfer was made as such is insufficient to recognize the fact of the loan alleged by the Plaintiff merely based on the evidence Nos. 1 (Transfer Details) or evidence Nos. 4 (Evidence Nos. 1 and 3 (including the content of card use) (including the content of card use).

However, as a result of settling the relationship with the Plaintiff around December 2019 and settling the details of the monetary transaction, the Defendant voluntarily stated that the amount of the obligation that the Defendant shall pay to the Plaintiff was KRW 21,00,000,000, and the Defendant paid KRW 2,000,000 out of the above settlement amount on February 21, 2020, in full view of the purport of the entire pleadings in the statement in subparagraph 2.

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