(영문) 수원지방법원 평택지원 2018.11.02 2017가단60220

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(영문) 수원지방법원 평택지원 2018.11.02 2017가단60220

대여금

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1. The Defendant: (a) KRW 95 million to the Plaintiff; and (b) 5% per annum from October 25, 2017 to November 2, 2018; and (c) the Plaintiff.

Reasons

1. Facts of recognition;

A. Among the parties, the pertinent Plaintiff is a representative director of C Co., Ltd., and the Defendant is a person who runs a livestock products distribution business with her husbandD, the Plaintiff and the Defendant came to know while golf around June 2014, and they came to know about about one year from around that time to June 2015.

B. The Plaintiff remitted to the Defendant KRW 20 million on August 14, 2014, KRW 30 million on December 23, 2014, KRW 20 million on June 19, 2015, KRW 95 million on June 29, 2015, and KRW 95 million on June 29, 2015 (hereinafter “instant remittance”).

C. On the other hand, the details of other monetary transactions between the plaintiff and the defendant, as seen above, the plaintiff and the defendant share a common life with an internal relationship as above, and have engaged in a lot of monetary transactions as the expenditure of communal living expenses. During that process, the plaintiff transferred 8,2480,000 won (the amount excluding the remittance amount of this case) in addition to about 30 million won from June 2014 to June 2015.

On the other hand, around June 2017, the Plaintiff demanded the Defendant to return the money that the Plaintiff remitted to the Defendant, including the amount of the instant remittance, and the Defendant responded to the demand on the premise that the Defendant would settle or repay the money.

【Ground for Recognition: Facts that there is no dispute between the parties, or is not clearly disputed, and the purport of the whole entries and arguments in Gap evidence 1 through 10】

2. Determination on the cause of the claim

A. The Plaintiff asserts that the amount of remittance in this case is a loan, and the Defendant asserted that the amount of remittance in this case is only a communal living fee that the Plaintiff paid to the Defendant during the period of maintaining a deferred relationship.

B. The following circumstances, i.e., the remittance amount of the instant case is at least KRW 20 million, and the Plaintiff is the Defendant.

유사 판례

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