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(영문) 전주지방법원 2019.04.04 2018나7194
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, the Defendant, and C are siblings.

B. The Plaintiff deposited KRW 1 million in the Defendant’s deposit account, KRW 5 million on August 4, 2010, KRW 5 million on August 11, 2010, KRW 3 million on March 3, 2011, KRW 500,000 on October 31, 2013, and KRW 5 million on December 6, 2013, respectively, and deposited KRW 2 million in the C’s deposit account on September 2, 2011.

(hereinafter referred to as "the money of this case"). (c) The money of this case shall be referred to in paragraph (1).

The Defendant deposited KRW 1 million on August 4, 2010, and KRW 5 million on August 11, 2010, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion

A. From August 4, 2010 to December 6, 2013, the Plaintiff lent a total of KRW 21 million to the Defendant, and the Defendant agreed to pay the Plaintiff the interest of KRW 12% per annum on the above loan.

Therefore, the defendant is obligated to pay to the plaintiff the above loan 21 million won and interest or delay damages.

B. Of the instant money, the Defendant’s KRW 1 million as of August 4, 2010 and KRW 5 million as of August 11, 2010 are not the Defendant’s lending from the Plaintiff, but the Defendant received each of the said money at the Plaintiff’s request and immediately delivered it to C, and the Defendant’s lending of KRW 2 million as of September 2, 201 to C is not the Defendant’s lending from the Plaintiff.

In addition, the amount that the Defendant paid to the Plaintiff per month is the Plaintiff’s request for assistance as an insurance premium or installment savings payment, not the interest payment.

3. Determination

A. In full view of the following circumstances acknowledged by comprehensively taking account of the facts based on the judgment as to the cause of the claim and the evidence revealed in the basic facts and the purport of Gap’s evidence No. 3 and the entire pleadings, the Plaintiff loaned KRW 21 million to the Defendant from August 4, 2010 to December 6, 2013, and the Defendant extended the above loans.

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