(영문) 의정부지방법원 2016.12.23 2016가단27276

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자간(%)

(영문) 의정부지방법원 2016.12.23 2016가단27276

대여금 등

Text

1. The Defendant’s KRW 42,260,00 and the Plaintiff’s annual rate of KRW 5% from September 22, 2016 to December 23, 2016, and the following.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by combining the whole purport of the pleadings in each entry in Gap evidence No. 1.

The defendant tried to raise funds to operate a private taxi.

B. The Plaintiff, a dependent of the Defendant, remitted KRW 10 million on February 25, 2009, and KRW 3465 million on March 3, 2009 to the account of the Plaintiff, a private taxi broker, and KRW 100,000 on February 26, 2009, and KRW 100,000 on February 27, 2009, to the account of Hyundai Motor.

C. From January 20, 2015 to April 27, 2016, the Defendant remitted 16,50,000 won to the Plaintiff’s account, and 1,90,000 won to the Plaintiff once, and deposited 2,59,00 won to the Plaintiff.

2. The assertion and judgment

A. (1) The plaintiff asserts that the plaintiff lent a total of KRW 45,883,00 to the defendant who intends to raise personal taxi funds.

(2) The Defendant asserted that, although the Defendant received KRW 4,465,00 from the Plaintiff, it was donated personal taxi funds from the Plaintiff, and that the Defendant sent KRW 2,590,000 paid to the Plaintiff, it cannot accept the Plaintiff’s claim.

B. Comprehensively taking account of the above facts and documentary evidence, the Plaintiff remitted KRW 4,4850,00 (i.e., KRW 10,000,000 won KRW 34,6550,000) that the Plaintiff remitted to the Plaintiff. It can be acknowledged that all the money was related to the Defendant’s personal taxi and paid a total of KRW 2,950,000 to the Defendant on a regular basis. In light of such circumstances, it can be sufficiently deemed that the Plaintiff lent KRW 4485,00 to the Defendant, and no other evidence exists to deem that the Plaintiff was donated by following such circumstances.

Moreover, there is no evidence to view that there was an interest agreement between the Plaintiff and the Defendant, and it is reasonable to appropriate 2.59 million won for principal. As such, the remaining loan of the Plaintiff is KRW 4,226,00 (=4,850,000 - 259 won).

C. The Defendant’s lawsuit is with the remainder of KRW 42,260,000,000.

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