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Reasons
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(영문) 울산지방법원 2014.10.22 2014나1638
대여금
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On April 5, 2006, the Plaintiff transferred KRW 100 million to the Defendant’s account (F. hereinafter “Defendant’s account”).

B. On April 4, 2006, the defendant is the apartment of this case from G on April 4, 2006, 101, 2501 et al.

In purchasing the purchase price of KRW 235 million, five million out of the down payment of KRW 25 million shall be paid on the same day, and the intermediate payment of KRW 20 million on April 5, 2006 and the intermediate payment of KRW 80 million on April 5, 2006 shall be paid on the same day.

5.2. The balance of KRW 130 million for the same year.

5. Each of them agreed to be paid in 15.

(hereinafter “instant apartment sales contract”). C.

On April 19, 2006, the Defendant deposited KRW 130 million from the Defendant’s above account. D.

The defendant on May 10, 2006, with respect to the apartment of this case, the same year

4.25.Completion of the registration of ownership transfer by reason of sale.

[Ground of recognition] Facts without dispute, Gap 2 evidence, Eul 12, 13 evidence, Eul 17-2, the purport of the whole pleadings

2. The plaintiff asserts that the defendant lent KRW 100 million to the defendant on April 5, 2006 upon receiving a request from the defendant to lend the apartment purchase fund of this case.

The defendant asserts that (a) around November 2002, the defendant, at the plaintiff's recommendation, has no money borrowed from the plaintiff since he sold the housing located in the window I of Changwon-si, and (b) around June 2004, the defendant sold the housing located in the window I of Changwon-si, and there was no money borrowed from the plaintiff.

3. In full view of the purport of the arguments in evidence Nos. 10, 11-1, 2, and 17-1 of evidence Nos. 11-1, the defendant owned the land and buildings from the window of Changwon-si, the defendant disposed of to K and L (each 1/2) of August 3, 2004 KRW 330,000,000 from K, etc. and paid KRW 283,000,000 from K, etc. to another account of the defendant (M) and transferred the balance as of August 6, 2004 to KRW 168,628,356 (Evidence No. 17-1 of evidence No. 17).

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