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Reasons
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(영문) 대구지방법원포항지원 2016.10.27 2016가단1920
대여금
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1. The Plaintiff:

A. Defendant B’s KRW 18,655,076 as well as 5% per annum from July 21, 2016 to October 27, 2016.

Reasons

1. Facts of recognition;

A. Defendant B is a third party of the Plaintiff’s external village, and Defendant C is a maternal mother of the Plaintiff. The Defendants are married couple.

(1) On December 29, 2014, 50,000 account transfer from December 30, 2014 to December 27, 2015, 30,000 cash transfer, 5,000,000, from March 18, 2015 to May 18, 2015, the Defendant-owned vessel (hereinafter “instant vessel”)’s repair cost, labor cost payment, 47,210 on March 5, 2015 to 47,20,210, which the Defendant was trusted under the name of the Plaintiff, 5,00,000,00 won, 7,7,74,70,000 won purchased from the Defendant’s new card and purchased from the Plaintiff under the name of the Plaintiff, 7,47,70,74,70,000 won, and 7,74,7,07,000 won, and 7,7,000,00 won.

B. The Plaintiff lent the sum of KRW 76,772,734 to Defendant B as follows:

The amount of 50,00,000 account transfer on January 20, 2015 between the date of lending (won) and the date of 10,000 account transfer on March 5, 2015, 30,000 account transfer on March 5, 2015; and 90,000,000,000 account transfer on May 30, 32015; and

C. The Plaintiff loaned the Defendant C totaling KRW 90,000,000 as follows.

On January 27, 2015, 10,000, 000 on July 28, 2015, 201, Defendant B repaid KRW 5,000,000 on September 10, 2015, 23, 200 on September 23, 2015, 10,000,000 on October 10, 200,000 on October 26, 200 on May 26, 2015, KRW 10,000 on the D vessel Repair Costs paid by the Plaintiff on behalf of 6 Plaintiff on October 27, 2015, part of the labor cost, KRW 3,117,658, 58,117,658 on labor cost, as follows.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 4 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the judgment on the cause of the claim 1, barring any special circumstance, Defendant B’s total amount of KRW 58,117,658,658, which the Plaintiff was paid by the said Defendant among the above loan amounts of KRW 76,772,734, and Defendant B’s remainder of KRW 18,655,076, and damages for delay thereof, and Defendant C’s total of KRW 90,000,000 and its damages.

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