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(영문) 광주지방법원 2015.11.12 2015가합2463
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 19, 201, the Plaintiff paid KRW 135,069,601 in total by means of direct transfer to the Defendant’s account or lending the Plaintiff’s credit card to the Defendant by December 4, 2014, including transfer of KRW 20 million to the Defendant’s account.

B. On November 12, 2013, the Defendant transferred KRW 55,000 from the Defendant’s account to the Plaintiff’s account; KRW 2 million from the Defendant’s account to the Plaintiff’s account on February 26, 2014; and KRW 4 million from May 10, 2014 to the Plaintiff’s account via the Defendant’s A’s account, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 11 (including branch numbers in case of additional number), the purport of whole pleadings

2. The parties' assertion

A. On August 19, 201, the Plaintiff claimed that the Defendant is liable to pay the Plaintiff a total of KRW 135,069,601 and its delay damages, on the grounds that the Plaintiff lent KRW 135,069,601 by means of direct transfer to the Defendant’s account or lending the Plaintiff’s credit card to the Defendant by December 4, 2014, including the transfer of KRW 20,000,000 to the Defendant’s account upon receipt of a request from the Defendant for the lending of funds necessary for opening and operating the business.

B. As to this, the Defendant asserts that ① the amount paid by the Plaintiff to the Defendant is not a loan but a donation made by the Plaintiff to the Defendant under each subparagraph, and ② even if the amount paid by the Plaintiff to the Defendant is a loan, it constitutes illegal consideration paid by the Plaintiff for the purpose of maintaining internal relations with the Defendant, which constitutes illegal consideration paid in violation of good morals and other social order. Therefore, the Plaintiff’

3. Determination

A. Even if there is no dispute between the parties to the relevant legal principles as to the fact that the Plaintiff received money, the cause of the Plaintiff’s receipt is a loan for consumption, and the Defendant’s objection is against it.

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