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Reasons
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(영문) 대전지방법원홍성지원 2019.03.21 2018가합852
대여금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

A. The Plaintiff’s wife C is the Defendant’s head of Tong on July 27, 2007; KRW 80,000,000 on November 18, 2009; KRW 50,000 on July 12, 2010; KRW 50,000 on April 7, 201; and

8. 17.20,00 won; 16.16.16.16; 10,000 won on October 26, 2012; 40,000 won on December 27, 2013; and 10,000 won on February 8, 2013; and

2. On November 10, 201, KRW 10 million, KRW 10,00 on November 30, 2014, KRW 500,000 on July 27, 2015, KRW 500,000 on February 22, 2017, and KRW 320,000,00 (hereinafter “instant remittance amount”) were remitted.

B. The Plaintiff received respectively a loan certificate from C on July 27, 2007 and July 12, 2010 with respect to KRW 20 million from July 27, 2007, and KRW 50 million from July 27, 2007, KRW 20 million from July 27, 2007, KRW 80 million from November 18, 2009, and KRW 100 million from the money loan contract.

C. The Plaintiff is still unable to return the remittance amount of this case.

[Based on recognition, in light of the fact that the Plaintiff’s assertion on the grounds of the Plaintiff’s claim as to the entries in the evidence Nos. 1 through 8 and the purport of the entire pleadings, part of the remittance amount of this case transferred to the passbook in the name of the Defendant was used by the Defendant for paying the price for the goods and the cost for materials for food materials operated by the Defendant, and the remainder was used for the daily life of the Defendant’s family, the Defendant used the passbook in the name of the Defendant for borrowing money from other persons.

Therefore, the person who borrowed the remittance amount of this case from the Plaintiff is not C but the Defendant, so the Defendant is obligated to pay to the Plaintiff KRW 320,000,000 and the agreed interest thereon.

Judgment

According to the statement in Eul evidence No. 2, part of the remittance amount of this case was remitted to the defendant, and in particular, on January 7, 2013, it can be recognized that the defendant was transferred with KRW 24 million or transferred to the defendant. However, one of the married couple bears the burden of a third party during marriage.

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