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Reasons
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(영문) 대전지방법원 2016.10.07 2016나2817
대여금
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1. Revocation of a judgment of the first instance;

2. The Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s claim filed in the trial.

Reasons

1. Basic facts

A. The plaintiff is transferred after C, and the defendant was a person who associates with C, and D is a parent of C.

B. On April 15, 2015, the Plaintiff disbursed KRW 5,000,000 to the Defendant’s account; KRW 1,000,000 on March 20, 2015 to the Defendant’s account; KRW 3,000,000 on March 21, 2015; KRW 2,000,00 on March 23, 2015; KRW 31,5,000 on March 31, 2015; KRW 2,000,00 on April 7, 2015; and KRW 15,000,00 on April 19, 2015, respectively.

C. On March 13, 2015, the Defendant remitted KRW 13,610,000,000 to the Plaintiff’s account in the name of the Plaintiff, and KRW 5,000,00 on March 30, 2015, KRW 7,000 on April 6, 2015, KRW 310,000 on April 15, 2015, and KRW 13,610,000 on June 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. Upon receiving a request from the Defendant to lend money to the Defendant, the Plaintiff, the cause of the principal lawsuit, upon receipt of the request from the Defendant, may jointly repay the money.

1.(b)

A total of KRW 15,00,000 by means of remitting money to the Defendant’s account under the name of the Defendant, and KRW 20,000,000 in total by means of remitting money to the Defendant’s account under the name of the Defendant’s name as stated in C, and KRW 20,00,000 in total to the Defendant. The Defendant above

1.(c)

From March 13, 2015 to April 6, 2015, the Plaintiff remitted total of KRW 13,000,000 to the Plaintiff’s account in the name of the Plaintiff and partly repaid the loan.

The Plaintiff seeks payment of KRW 5,00,000,000,000 (=20,000,000 - 13,000,000) out of the remaining loans to the Defendant.

B. As seen earlier, the Plaintiff transferred KRW 5,000,000 to the Defendant’s account on April 15, 2015, and KRW 15,000,000 in total to the Defendant’s ancillary D’s account as from March 20, 2015 to April 19, 2015, respectively.

However, the evidence alone stated above is insufficient to recognize that the Plaintiff’s transfer of KRW 5,00,000 to the Defendant on April 15, 2015 was the money lent to the Defendant, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s claim for the principal lawsuit cannot be accepted.

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