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Reasons
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(영문) 부산지방법원 동부지원 2018.12.20 2018가단202035
대여금
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1. The Defendant shall pay to the Plaintiff KRW 20 million with the interest rate of KRW 15 percent per annum from December 21, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff transferred the total amount of KRW 8.655 million to the Busan Bank and the Nonghyup Bank account of Nonparty C (hereinafter “Nonindicted Company”), KRW 40 million on August 1, 2008, KRW 10 million on August 2, 2008, KRW 27 million on August 8, 2008, and KRW 8.655 million on October 13, 2008.

B. Around 2008, the representative of the non-party company is the non-party D, the defendant's children.

C. On April 6, 2009, the Defendant issued to the Plaintiff a promissory note notarial deed (hereinafter “instant promissory note notarial deed”) with the payment date as of June 8, 2009, with respect to the borrowed amount, at KRW 20 million (hereinafter “instant promissory note notarial deed”).

[Ground of recognition] Unsatisfy, entry of evidence A1 to 4, purport of the whole pleadings

2. Determination

A. The plaintiff's actual operator of the non-party company lent money to the non-party company's account at the defendant's request by means of remitting money to the non-party company's account. On April 6, 2009, the defendant made and promised to pay interest KRW 20 million out of the borrowed money, and made and promised to pay the loan around September 30, 2009.

As seen in the above facts, it is insufficient to recognize that the Defendant borrowed the total amount of the aforementioned remittance from the Plaintiff solely on the basis that the Plaintiff remitted to the Non-Party Company’s account or the Defendant prepared the Notarial Deed of Promissory Notes of KRW 20 million.

As such, although the Plaintiff did not conflict with the Plaintiff as to who is the borrower, the Plaintiff agreed to pay out the amount remitted to the Nonparty Company or the amount of KRW 20 million as of June 8, 2009, taking account of the following: (a) the details of remittance; (b) the relationship between the Nonparty Company and the Defendant; and (c) the Defendant prepared and executed the notarial deed of the Promissory Notes to the Plaintiff around April 2009.

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