(영문) 의정부지방법원 2015.02.10 2014가단22666

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(영문) 의정부지방법원 2015.02.10 2014가단22666

대여금

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1. As to KRW 100,000,000 among the Plaintiff and KRW 50,000,000, the Defendant shall be from April 30, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 29, 201, the Plaintiff transferred KRW 50 million to the Defendant, and around that time, received a written confirmation of the name “employment certificate” from the Defendant.

The confirmation includes the purport that the defendant makes an investment of 10,000 won by agreement with the plaintiff and receives interest from 20,000 won per month, and that 100,000 won shall be used in the name of the defendant in order to clarify this.

B. On December 12, 2012, the Plaintiff transferred KRW 50 million to the Defendant, and around that time, received a written confirmation from the Defendant that “the amount of rent” was named as “the amount of rent”.

The confirmation includes a statement to the effect that "one million won is confirmed to have been invested at the rate of 1.5% per month."

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s assertion (i.e., the Plaintiff’s assertion that he remitted 50 million won to the Defendant twice as above is the Defendant’s lending of the said money.

Therefore, the defendant is obligated to repay the above loan to the plaintiff.

The plaintiff of the Dold defendant's argument was merely invested in C and D, and the defendant did not agree to guarantee the principal of the money invested by the plaintiff.

Therefore, the plaintiff's assertion is without merit.

B. According to each of the above evidence and the statements in Nos. 2, 5, 6, 7, and 8, it is recognized that the Defendant immediately remitted the money deposited by the Plaintiff to D and C.

However, as above, the Plaintiff remitted to the Defendant twice more than KRW 50 million. The fact that the Defendant’s certificate of employment written by the Defendant to the Plaintiff and the statement of the name of the loan (investment) are written to the Plaintiff that a certain interest should be paid to the Plaintiff is recognized as above. According to each of the above evidence, the Defendant provided a loan to the Plaintiff and the Plaintiff for a loan to pay a certain amount of interest.

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