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Reasons
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(영문) 인천지방법원 2014.04.22 2012가합6338
대여금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts without dispute;

A. On June 12, 2007, the Plaintiff borrowed KRW 80 million from Nonparty C and lent the above KRW 80 million to the Defendant on the same day.

(hereinafter referred to as "one loan". (b)

On November 7, 2007, the Plaintiff lent KRW 100 million to the Defendant, and around that time, the Plaintiff paid the above KRW 100 million as a check (No. 12-3).

(hereinafter referred to as "second loan"). (c)

The Defendant’s KRW 150 million on October 15, 2008, KRW 9 million on April 8, 2009, and the same year to the Plaintiff.

5. 21. 60 million won was repaid.

2. The parties' assertion;

A. A. A summary of the Plaintiff’s assertion 1) The Plaintiff agreed to lend the first loan to the Defendant for three months after the due date, and to receive interest of KRW 10 million (50 million per annum) until the due date. 2) The Plaintiff additionally lent the Defendant KRW 50 million (20 million, which was withdrawn from Nonparty D’s account, and KRW 30 million received from Nonparty E, who is the Plaintiff’s wife, to the Defendant on August 10, 2007, in addition to KRW 120 million around November 7, 2007.

3) On November 7, 2007, the Defendant borrowed a total of KRW 220 million, including KRW 100 million from the Plaintiff, including KRW 20 million, and agreed that “The principal shall be paid KRW 300 million with interest KRW 100 million after the lapse of six months.” On the same day, the Plaintiff borrowed the above KRW 220 million from Nonparty F, who is the death money, and again lent it to the Defendant. After receiving KRW 220 million, the Defendant borrowed the principal amount of KRW 50 million from August 10, 2007, including KRW 20 million, KRW 50 million plus interest KRW 20 million between the principal amount of KRW 80,000,000 and KRW 500,000,000,000,000,000,000 won, the Plaintiff did not separately claim the payment of KRW 50,500,000,000,00.

After that, F demands the remainder of the principal amount of KRW 70 million to be repaid, and the Plaintiff on January 2009.

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