(영문) 인천지방법원부천지원 2016.08.17 2016가단12412

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(영문) 인천지방법원부천지원 2016.08.17 2016가단12412

대여금

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1. The defendant shall calculate the amount of KRW 59,30,00 to the plaintiff at the rate of 15% per annum from April 20, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff was related to the Defendant. From December 23, 2013 to August 26, 2014, the Plaintiff remitted total of KRW 69,600,000 to the Defendant.

B. From December 14, 2014 to December 14, 2015, the Defendant gave the Plaintiff KRW 10,270,000 in total.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence No. 1, Eul evidence No. 5, the purport of the whole pleadings

2. On November 20, 2015, the Defendant asserted that the instant lawsuit was unlawful against the Defendant, since the Plaintiff filed a lawsuit against the Defendant on the loan claim (Seoul District Court Branch Decision 2015Dadan27523) on November 20, 2015, and agreed to the effect that the Defendant would not bring a lawsuit again after recognizing his mistake.

According to the statement in Eul evidence No. 6, the plaintiff may recognize the fact that the lawsuit filed against the defendant was withdrawn, but on the other hand, the message (Evidence No. 7) sent by the plaintiff to the defendant is not sufficient to deem that there was no further agreement between the plaintiff and the defendant on the complaint immediately, with the purport that "the message (Evidence No. 7) sent by the plaintiff to the defendant was revoked."

Therefore, the defendant's defense prior to the merits is without merit.

3. Judgment on the merits

A. 1) The Plaintiff asserts that the Defendant lent a total of KRW 69,600,000 to the Defendant without setting the due date or interest. 2) The Defendant asserts that, from around 2012 to around 2012, the Plaintiff and the Defendant had a relationship of a relationship with the Plaintiff on the premise of marriage, and that, after 2013, the Plaintiff was in a relationship with the Plaintiff, the Plaintiff was given a good faith donation so that the Plaintiff may pay for his living expenses and obligations, such as having been owed to the bond company at the time

B. According to the evidence as seen earlier, at the time of the Plaintiff’s transfer of money to the Defendant, the fact that the Plaintiff and the Defendant had a relationship of interest can be recognized.

However, in light of the following circumstances:

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