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Reasons
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(영문) 광주고등법원 2019.09.20 2019나20275
대여금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Judgment as to the main claim

A. The Plaintiff’s assertion 1) The Plaintiff lent a total of KRW 520,500,000 to the Defendant six times (hereinafter “instant loan”).

(2) On March 28, 2016, the Defendant agreed to pay KRW 700,000,000,000 among the above loans to the Plaintiff with the account in the name of C, calculated at 22.6% per annum on the remaining loans. Therefore, the Defendant is obligated to pay the Plaintiff the principal amount of the remaining loans (i.e., KRW 372,50,000,000 - KRW 150,000) and interest calculated at 22% per annum for which the Plaintiff seeks to pay the remaining loans to the Plaintiff. (ii) The Defendant’s assertion was not the Defendant, but the Defendant lent the said money to South-North Korea living together with the Defendant. However, it was transferred to the Defendant’s account in the name of the Defendant.

B. Determination 1) Even if there is no dispute as to the fact that the Plaintiff provided and received money between the parties, if the Defendant is dissatisfied with the Plaintiff’s assertion that the lending was made, the Plaintiff bears the burden of proving that the lending was made (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015). 2) There is no dispute between the parties, or according to the statement of the evidence Nos. 1 and 2 (including the serial number where the serial number exists; hereinafter the same shall apply), the fact that the Plaintiff remitted the total amount of KRW 52,50,000 to the Defendant’s account under the name of the Plaintiff or his/her spouse for six times as indicated in the following table is recognized.

On November 17, 2015, the amount of remittance from the Defendant’s account deposited on the date to the Defendant’s name was KRW 100,000,000,000 for Plaintiff Nonghyup Central NA 200,000,000 for EF on September 17, 2015, and KRW 80,000,000 for EF’s Central G G 80,000,000 for EF on November 24, 2015, EF H 60,000,000,000 for EF on November 11, 2016, each of the following reasons is considered as follows:

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