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Reasons
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(영문) 대구지방법원 2016.04.20 2015나11388
대여금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff leased KRW 30,000,000 to the Defendant on June 19, 2014 (hereinafter “loan 1”) and KRW 20,000,000 on December 17, 2014 (hereinafter “Loan 2”) as the due date for repayment on December 30, 2014.

B. Details of remittance 1) D Co., Ltd. (hereinafter “D”) operated by the Defendant’s husband C

2) From the Plaintiff’s account on June 30, 2014, KRW 20,000 was transferred from the Plaintiff’s account to the Plaintiff’s account. 2) From the Daegu Bank account of D to the Plaintiff’s account on January 16, 2015, KRW 16,000,000 was transferred from January 16, 2015.

3) From the Defendant’s new bank account to the Plaintiff’s account on January 16, 2015, KRW 4,000,000 was transferred from January 16, 2015.

() In the lawsuit filed against this and D (C and D) on July 24, 2015 with the Seoggu District Court Branch Decision 2015Gahap787, Jul. 24, 2015, the amount obtained by deducting D from the refund amount of the scrap metal transaction contract deposit at KRW 120,000,000 [the above judgment became final and conclusive at KRW 180,000,000 from May 30, 2014 to December 30, 2014; KRW 60,000,000 (=20,000,000,000,000,000, 20,000,000,000)] and damages for delay, and D paid D’s damages for delay. The above judgment became final and conclusive around the time the judgment became final and conclusive; evidence No. 211, 21, 2000,000).

2. The Plaintiff is obligated to pay the Plaintiff the total amount of KRW 30,000,000,000 on June 19, 2014 and the total of KRW 30,000,000 on December 17, 2014 to the Defendant as due date for payment as of December 30, 2014 as stated in the above basic facts. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 30,00,000,000 and delay damages thereon.

3. Judgment on the defense

A. Party’s assertion 1) Defendant’s defense A) Of KRW 20,000,000, transferred to the Plaintiff’s account on June 30, 2014, 10,000, which was transferred through the Plaintiff’s agricultural bank account.

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