(영문) 대전지방법원 2019.01.18 2018나4923 | 리걸엔진

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(영문) 대전지방법원 2019.01.18 2018나4923

대여금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff asserted that, on April 9, 2015, the Plaintiff provided cash to the Defendant and transferred KRW 5 million to the Defendant KRW 5 million on April 16, 2015, and KRW 13 million on April 28, 2015 by account transfer, respectively, (hereinafter “instant loan”). The Defendant paid KRW 5 million on June 30, 2015 and KRW 5 million on January 26, 2016, and thus, the Defendant is obligated to pay the remainder of the loan to the Plaintiff.

As to this, the defendant, after the defendant borrowed the loan of this case (However, the first five million won was paid in cash, not on April 9, 2015, but on April 7, 2015) from the plaintiff, he/she repaid the loan of this case to the plaintiff on June 29, 2015, and on June 30, 2015, the amount of KRW 5 million was paid to the plaintiff on January 29, 2016, and on January 29, 2016, the loan of this case was returned to the plaintiff on April 7, 2015, and the loan of this case was completely extinguished by the defendant's repayment.

2. Determination

A. From April 2015 to April 28, 2015, the Plaintiff paid the Defendant a total of KRW 13 million out of the instant loans by means of cash delivery or account transfer from April 2015 to April 28, 2015 does not conflict between the parties, and the Plaintiff is a person who received reimbursement from the Defendant.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the remainder of the loans excluding the total of KRW 10 million repaid by the Defendant from the instant loan and damages for delay.

B. On June 30, 2015, there is no dispute between the parties as to the fact that the Defendant’s judgment on the Defendant’s defense of repayment transferred KRW 5 million to the Plaintiff’s bank account from the Bank’s account at the Industrial Bank of Korea operated by himself/herself to the Plaintiff’s bank account. The Defendant’s remaining loans on June 30, 201

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