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(영문) 서울남부지방법원 2019.04.04 2018나2689
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts: (a) The Plaintiff filed the instant lawsuit against the Defendant seeking payment of KRW 7 million in the unpaid amount of KRW 1 million on July 13, 2018, claiming that “The Plaintiff was not in dispute between the parties, or that the Plaintiff remitted KRW 8 million to the Defendant’s deposit account on March 22, 2017; (b) the Defendant remitted KRW 1 million to the Plaintiff’s deposit account on May 15, 2017; and (c) the Plaintiff’s transfer of KRW 8 million to the Defendant to the Defendant; and (d) the Plaintiff’s transfer of KRW 1 million to the Defendant was a loan to the Defendant; and (e) the Defendant received a partial repayment of KRW 7 million in the unpaid amount of KRW 7 million on July 13, 2018, may be recognized by taking into account the respective entries and arguments as well as the overall purport of arguments as stated in subparagraphs A and 2.

2. The parties' assertion

A. The Plaintiff and the Defendant sent back the circumstances that are economically difficult for the Defendant, and “on the face of lending KRW 8 million, one million per month, if the Defendant lent the 8 million Won,” and the Plaintiff loaned KRW 8 million to the Defendant upon reliance on the Defendant’s trust and loaning KRW 1 million to the Defendant on the ground that the Plaintiff stated that the gold gals and gold gals (which was worn by the Defendant) will be repaid even if the Defendant sold the gold gals and gold gals.

However, around May 15, 2017, the Defendant avoided the Plaintiff’s contact after having repaid KRW 1 million on one occasion.

Therefore, the defendant is obligated to pay the remaining seven million won and its delay damages to the plaintiff.

B. While the Plaintiff and the Defendant associated, the Defendant fully assumed the Plaintiff’s educational expenses, etc. by having the Plaintiff use his credit card.

Around the time when the plaintiff and the defendant met, the plaintiff wanting to continue the defective teaching system that "I do not have to pay for the time" to the plaintiff, with the first knowledge of the defendant's difficult circumstances, the plaintiff, with the knowledge of the defendant's difficult circumstances, and voluntarily remitted eight million won to the defendant and voluntarily donated the money to the defendant.

Since then, the defendant remitted one million won to the plaintiff as the auditor's meaning, which is the case.

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