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(영문) 울산지방법원 2018.11.14 2018가단7046
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 10,80,000 and the interest rate of KRW 15% per annum from October 13, 2018 to the date of full payment.

Reasons

The Plaintiff, like right, transferred a total of KRW 2,055,50,000 to the Defendant on seven occasions.

In addition, on July 21, 2015, the Plaintiff transferred KRW 6 million to the Defendant’s wife-Namnam C account, and KRW 6 million to the Defendant’s wife on August 3, 2015, respectively.

The total remittance amount is 3,255.50,000 won.

The defendant does not dispute the above account remittance itself.

On the other hand, the plaintiff asserts that the above money is all "loan", while the defendant does not admit the plaintiff's above assertion and is disputing.

There was no document, such as a loan certificate to support the receipt of money between the two parties.

If money is remitted to another person's deposit account, such remittance may be made based on various legal causes, such as loans for consumption (loan), investment, gift, repayment, custody, or entrustment of delivery. Therefore, the mere fact that such remittance was made has the intention of the parties to loans for consumption (loan).

Nor can readily be readily concluded as a loan under the pretext of transfer, and when the Defendant contests the Plaintiff’s assertion of loan, such remittance amount is “loan” and, in other words, the Plaintiff bears the burden of proof as to the fact of loan.

(See Supreme Court Decision 72Da221 Decided December 12, 1972; Supreme Court Decision 2014Da26187 Decided July 10, 2014; Supreme Court Decision 2017Da37324 Decided January 24, 2018, etc.). The following is examined by dividing the Plaintiff’s assertion of lease by the time of remittance.

① According to the contents of the case that the Plaintiff filed a criminal complaint against the Defendant on charges of fraud with respect to the amount of remittance recognized as the remittance amount (the reference materials of October 30, 2018) as of July 22, 2015, the Defendant requested the Plaintiff to transfer the amount of KRW 6 million to the Plaintiff to pay KRW 6 million in the name of the subsidies for studying abroad as of July 22, 2015, and the Plaintiff directly transferred the amount of KRW 6 million to C account.

The above money shall be.

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