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Reasons
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(영문) 부산지방법원 2017.11.29 2016가단30797
대여금
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1. The Defendant’s KRW 37,00,000 and the Plaintiff’s annual rate of KRW 5% from November 10, 2015 to May 10, 2016.

Reasons

1. On May 18, 2012, the Plaintiff transferred KRW 30,000,000 to the Defendant (Defendant’s Defendant’sC Account).

On June 17, 2013, the Defendant: “30,000,000 won was deposited in the passbook C in the foreign exchange bank; paid interest by May 31, 2013; and on June 31, 2013, the Defendant stated that the interest should be paid as requested by the Plaintiff by the date of full payment of the interest; and on June 2013, the Defendant submitted the certificate of full payment of the loan” (hereinafter “the certificate of loan”).

(1) On June 19, 2013, the Plaintiff: (a) transferred KRW 10,000,000 to the Defendant (the foregoing C Account) on June 19, 2013; (b) (c) the Plaintiff transferred KRW 10,00 to the Defendant (the foregoing C Account).

2. The nature and amount of money remitted by the Plaintiff;

A. The Plaintiff asserts that the Plaintiff lent KRW 30,000,000 on May 18, 2012 and KRW 40,000,000 on June 19, 2013 to the Defendant.

On May 18, 2012, the Defendant received the instant loan amount of KRW 16,00,000,000,000 from the Plaintiff to return it later. On June 17, 2013, the Defendant claimed that: (a) the Plaintiff borrowed KRW 10,000,000 from the Plaintiff to further borrow the amount of KRW 10,000,000; (b) the Plaintiff prepared the instant loan certificate including KRW 10,00,000,000,000,000 from the amount settled the transaction relationship; and (c) the Plaintiff received KRW 10,00,00,000 on June 19, 2013.

B. In light of the fact that the Defendant prepared a loan certificate to the Plaintiff, KRW 30,000,000, which the Plaintiff remitted to the Defendant, seems to be not an investment but a loan.

In addition, in light of the fact that the Plaintiff prepared the instant loan certificate before remitting the additional KRW 10,00,000 to the Defendant on June 19, 2013, and the content of the loan certificate also stated KRW 30,000,000 as the amount already deposited, and that interest was paid until May 31, 2013, the instant loan certificate was merely about KRW 30,000,000 borrowed on May 18, 2012, and cannot be deemed as including KRW 10,000 in the amount of remittance on June 19, 2013.

2.3.

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