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(영문) 청주지방법원 2018.04.18 2017나2930
대여금반환
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. From December 4, 2006 to January 26, 2007, the Plaintiff agreed to lend KRW 15,075,054 (hereinafter “the instant money”) to the Defendant for the settlement of the Defendant’s card price, and to pay it immediately. However, the Defendant paid only KRW 4,29,383 on nine occasions from January 23, 2007 to August 31, 2007, and the Defendant is obligated to pay the Plaintiff the remaining loans of KRW 10,775,670 and delay damages.

B. The Plaintiff’s payment of the instant money to the Defendant does not merely lend it to the Defendant for the purpose of aiding and abetting himself in economic difficulty.

Even if the Plaintiff deposited the above money into the Defendant as a loan, the Defendant paid approximately KRW 4.3 million to the Plaintiff by means of account transfer. In addition, the Defendant paid KRW 3 million to the Plaintiff in cash and repaid the total amount of KRW 7.3 million. The Defendant, from August 2006 to August 2007, together with the Plaintiff and the Defendant paid KRW 1.4 million monthly rent, public dues, living expenses, etc., which is the part of the Plaintiff’s burden to the Defendant (=7.00,000 won x 12 months). Accordingly, the Defendant’s loan obligation to pay to the Plaintiff when offsetting the instant loan claim does not remain any longer.

2. Determination

A. The following facts are: (a) there is no dispute between the parties on the cause of the claim; or (b) Gap evidence Nos. 1, 2, and 1 and 2, and the overall purport of the arguments and arguments, which can be acknowledged by comprehensively taking account of the following facts; (c) the defendant was faced with economic difficulties because it was unable to pay the card price from 2006 to 2007; (d) however, the defendant and the plaintiff who is the defendant and the defendant of high school deposited KRW 15,075,054 over four times from Dec. 4, 2006 to Jan. 26, 2007 into the defendant's bank account.

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