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Reasons
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(영문) 대구지방법원 2015.04.03 2014나13417
대여금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 7, 2010, the Plaintiff transferred a total of KRW 50,000,000 from the Plaintiff’s husband D and E’s husband F to the Defendant’s account under the name of the Defendant. On June 16, 2010, the Plaintiff received KRW 50,000,000 from the Defendant’s name account and interest KRW 6,00,000 from the J account operated by C.

B. After that, the Plaintiff transferred from the account under the name of the Plaintiff and her husband D to the above account under the name of the Defendant as follows.

(hereinafter “instant loan”). The amount of temporary remittance from the No. 10,000,000 on June 28, 2010 20,000 on July 27, 2010 20,000 on June 27, 2010 : (a) the amount of remittance from the date and time of remittance No. 10,000,000 on June 30, 2010; (b) 40,000,004 July 30, 2010; (c)

C. The Plaintiff’s Donian G also remitted KRW 30,000,000 from the account under the name of the Defendant, the husband, to the above account under the name of the Defendant. D.

G received reimbursement of KRW 30,000,000, which was remitted to the Defendant’s account under the name of the Defendant, in lieu of the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7 (including each number; hereinafter the same shall apply), Eul evidence Nos. 2, and the result of the order to submit financial transaction information to the Industrial Bank of Korea of this Court and the purport of the whole pleadings

2. Chief;

A. The Plaintiff’s assertion that: (a) from June 28, 2010 to July 30, 2010, the Plaintiff lent KRW 100,000,000 to the Defendant that requires money for the Liber business; (b) and (c) the Plaintiff paid KRW 30,000,000 lent by Liber G to the Defendant instead of the Defendant; and (d) the Defendant is obliged to pay the Plaintiff a total of KRW 130,00,000 and delay damages.

B. The defendant's assertion that the defendant only allowed the defendant to use the defendant's account at the request of C, and the defendant did not borrow the above money from the plaintiff and G.

3. Determination

A. Each statement of Gap evidence Nos. 4 and 5 and each witness G and E, which seem to correspond to the plaintiff's assertion, are difficult to believe in light of the following facts, and Gap evidence Nos. 1 through 3, 6, 7, 12.

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