(영문) 울산지방법원 2014.12.24 2014나2303 | 리걸엔진

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(영문) 울산지방법원 2014.12.24 2014나2303

대여금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

2. The defendant.

Reasons

1. Facts of recognition;

A. On July 17, 2007, the Plaintiff paid KRW 4 million (hereinafter “the first payment”) to the Defendant, for the Defendant’s repayment of the Defendant’s debt.

B. On March 17, 2008, the Plaintiff obtained a credit loan of KRW 20 million at the Namcheon-dong Branch of Korea Bank on March 18, 2008, and remitted to the Defendant KRW 20 million (hereinafter “second payment”) on March 18, 2008.

C. On July 16, 2008, the Plaintiff obtained a credit loan of KRW 40 million at the south-dong branch of Korea Bank on July 16, 2008 and caused the Defendant to pay the above KRW 40 million.

D) The Defendant transferred total of KRW 14,865,00 to the Plaintiff’s deposit account from December 24, 2007 to September 17, 2012, as indicated in the statement of payment of interest, to the Plaintiff’s bank account. [The fact that there is no dispute over the grounds for recognition, each of the entries in evidence No. 1-1, No. 1-2, and No. 1-2, and No. 1-2, and the purport of the entire pleadings.

2. The plaintiff's assertion 1) The plaintiff is obligated to pay the plaintiff the above 70 million won and damages for delay since the plaintiff lent the defendant a total of KRW 10 million on July 17, 2007, KRW 20 million on March 17, 2008, KRW 70 million on July 16, 2008, and KRW 70 million on July 16, 2008. Thus, the defendant is obligated to pay the plaintiff the above 70 million and the damages for delay. 2) The plaintiff's assertion that the plaintiff provided the defendant with the first or third payment on July 17, 2007. Thus, the plaintiff's claim on the premise that the first or third payment is a loan has no merit.

3. Determination

A. We examine the determination of the first payment, i.e., the following circumstances acknowledged by comprehensively taking into account the purport of the entire arguments on the evidence as seen earlier, i.e., (i) the Plaintiff and the Defendant appears to have been in an infinite relationship at the time of paying the first payment, and (ii) the Plaintiff heard the Defendant’s opinion that the Plaintiff brought the Defendant’s car to the Defendant, who was provided by the Defendant as a collateral security, and paid KRW 4 million to the Defendant for the recovery of the said car, and (iii) the instant claim.

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