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Reasons
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(영문) 의정부지방법원 2015.08.13 2014가합2522
대여금
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1. The Defendant’s KRW 374,00,000 as well as 5% per annum from March 18, 2014 to August 13, 2015 to the Plaintiff.

Reasons

1. Presumed factual basis

A. The Plaintiff transferred KRW 600,000,000 on June 21, 2005 to the Defendant’s bank account, and KRW 34,000,000 on February 13, 206 to the Plaintiff’s wife, respectively.

B. The Plaintiff’s bank account; D Co., Ltd. (hereinafter “D”) deposited KRW 70,00,000 on February 10, 2006; D’s director E transferred KRW 100,000,000 on November 13, 2006; and the Defendant transferred KRW 90,000,000 on July 15, 2008, respectively.

[Reasons for Recognition] Unsatisfy, Gap 1, 2 (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion 1) The plaintiff extended a total of KRW 634,00,000 to the defendant (= KRW 600,000,000). However, the defendant paid a total of KRW 260,000,000 (= KRW 70,000,000) out of the above loans (= KRW 100,000,000) and did not repay the remainder of KRW 374,00,000. Accordingly, the defendant is obligated to pay the remainder of the loans and delay damages for the above loans to the defendant on February 13, 2006.

However, the Plaintiff paid KRW 600,000 to the Defendant on June 21, 2005 (hereinafter “the instant money”) is not a loan to the Defendant, but an investment in D. It was merely a transfer of the instant money from the Plaintiff to D.

B. In light of the following circumstances, the Plaintiff’s lending of KRW 634,00,00 to the Defendant in light of the evidence Nos. 1 and 2, which was acknowledged prior to the determination, comprehensively based on the overall purport of the pleadings.

① The Plaintiff transferred all of the instant money to the Defendant’s bank account. If the Plaintiff invested in D the instant money amounting to KRW 634,000,000, the Plaintiff’s transfer of money to D’s bank account is common sense, and it seems to be an example to transfer money to the Defendant’s bank account.

② The Plaintiff’s instant money to the Defendant for the purpose of making investments in D.

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