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Reasons
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(영문) 창원지방법원 2015.11.25 2015나33698
대여금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant, from February 2002, resolved de facto marital relations around September 2003, and continued to maintain a de facto marital relationship and came to take into account around 2008, while maintaining a de facto marital relationship.

B. The Plaintiff lent money to the Defendant by means of remitting money to the account of the Defendant or the persons designated by the Defendant, which is a motor vehicle dealer at a used vehicle sales business establishment, and also received the money in the same manner.

C. On January 2, 2003, the Defendant prepared a loan certificate stating that “The above amount shall be KRW 30 million per day, and the above amount shall be borrowed periodically until December 31, 2004 (hereinafter “the loan certificate in this case”) on the Plaintiff’s story that the Defendant would prepare and request a loan certificate with respect to the money borrowed between them.”

After that, the Plaintiff lent KRW 18,216,00 to the Defendant from January 11, 2003 to July 25, 2005, and received KRW 19,620,00 from January 7, 2003 to August 31, 2005.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 4 (including branch numbers; hereinafter the same shall apply), 7, 8, and 10 (a fact prepared by the defendant is recognized, and thus, it shall be admitted as evidence), Eul-2 through 4, the defendant's examination result, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff is obligated to pay a sum of KRW 52,785,300 ( KRW 30,000,000, KRW 42,405,000) to the defendant from around January 2, 2002 to January 2, 2003, or KRW 30 million from the defendant as of December 31, 2004. The plaintiff agreed to pay the amount of KRW 51,61,80, or KRW 30 million from the defendant as of January 2, 2003. The plaintiff further lent KRW 42,405,30,00 from the defendant, but was paid KRW 19,620,00 from the defendant. Thus, the defendant is obligated to pay a sum of KRW 52,785,300 ( KRW 30,400,000, KRW 19,620,000) to the plaintiff.

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