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(영문) 광주고등법원 2017.11.01 2016나13115
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. On April 21, 2006, the Plaintiff deposited KRW 75,000,000 in the national bank account under the name of the Defendant, as well as KRW 225,000,000 in the national bank account under the name of the Defendant, and paid KRW 300,000,000 in the Defendant on July 21, 2006, and KRW 140,000,000 in each cashier’s checks on April 29, 2010 (hereinafter “the instant money”).

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 2 and 12 (if there are additional numbers, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to loan claims

A. The plaintiff asserts that since the plaintiff lent the money of this case to the defendant, the defendant is obligated to pay the above loan and damages for delay to the plaintiff.

As to this, the defendant asserts that since the money of this case was donated to the defendant in each subparagraph, the defendant does not have any obligation to return the money of this case to the plaintiff.

B. 1) Even if there is no dispute as to the fact that the Plaintiff received money between the parties, the cause for the receipt of money is a loan for consumption, and if the Defendant asserts that it was received due to a loan for consumption (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972) the Plaintiff is liable to prove that it was received due to the loan for consumption (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). According to each of the evidence Nos. 14 and 20, the Plaintiff demanded the Defendant to pay money and pay money at the same time from December 6, 2012 to December 30, 2013, and the Defendant sent text messages several times at the same time with the Plaintiff’s answer as follows.

On December 6, 2012, 11:27, 11:27, 201, and 11:27, and the place of delivery shall be prior to the head of A, the last day of December or the beginning of January.

On December 6, 2012, 11:32, there is no need to make efforts to communicate when preparation is made. On May 16, 2013, 10:57 should be sent.

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