(영문) 인천지방법원 2015.12.18 2015가합52936

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(영문) 인천지방법원 2015.12.18 2015가합52936

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion C jointly with the Defendant, which is the Plaintiff’s assertion, was in the process of the loan construction project, and the Plaintiff’s assertion was in the process of the loan construction project, with the Defendant KRW 10 million on August 29, 2014, KRW 13 million on the same day, and the same year.

9. A loan of KRW 19.130 million and KRW 543 billion in total on July 30, 199.

However, even though the above loan construction project was completed, the defendant did not pay the above loan amount up to now, and the defendant is obliged to pay the plaintiff the sum of the loan amount of KRW 543 billion and delay damages.

B. The defendant asserted that the defendant had been running a construction-related joint business several times with C, who is the plaintiff's children, and the investment funds, etc. for the joint business have been opened and managed in the bank account in the name of the plaintiff, which is the attached to C.

As a result, there was several financial transactions between the original defendant in the deposit account in the name of the plaintiff, and the amount the plaintiff raised by the lawsuit in this case is only limited to part of the amount which is the error in the course of investment settlement in relation to the above joint business, and it is not a loan as argued by the plaintiff.

2. According to the evidence No. 1 of the judgment, the Plaintiff’s deposit account in the name of the Defendant from the deposit account in the Plaintiff’s name is KRW 10 million on August 29, 2014, KRW 13 million on the same day, and the same year.

9. The fact that a total of KRW 543 billion was transferred on July 30, 199 and KRW 500 million on July 30, 199 is recognized.

However, in light of the following circumstances that can be seen by comprehensively considering the purport of the entire pleadings in the statement No. 1, it is insufficient to recognize that the above amount transferred from the deposit account in the Plaintiff’s name to the deposit account in the Defendant’s name is a loan that the Plaintiff lent to the Defendant, and there is no other evidence to acknowledge it.

① The Plaintiff, I and the Defendant jointly carried out a loan construction project.

② The Plaintiff presented to the Defendant that he lent money.

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