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Reasons
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(영문) 인천지방법원 2018.01.11 2017가단7360
대여금
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1. The Defendant’s KRW 5,00,000 as well as the annual rate of KRW 5% from April 5, 2017 to January 11, 2018 to the Plaintiff.

Reasons

1. The parties' assertion

A. Plaintiff 1) heard that a number of money can be punished by the Defendant who became aware of in the course of the introduction of a person, and the Plaintiff received a loan from a financial institution and remitted KRW 29,398,50 to the Defendant. 2) The Plaintiff remitted money to the Defendant that the Defendant is responsible.

B. Defendant 1) The Defendant did not borrow money, introduced commercial lease and received KRW 5 million. Upon the Plaintiff’s request, the Plaintiff remitted KRW 19,398,500, and KRW 2,000,000 to the Plaintiff, and KRW 3,000,000 to the Plaintiff: (a) although C agreed to repay the loan, it did not perform it; (b) the Defendant did not call that the amount the Defendant is liable for KRW 29,398,500; and (c) the Plaintiff did not file a complaint against C; and (b) the Plaintiff should file a complaint against C.

2. Facts of recognition;

A. On February 4, 2016, the Plaintiff wired the Defendant’s bank account KRW 5,00,000, KRW 5,000,000 on February 5, 2016, and KRW 5,000,000 on February 6, 2016, KRW 7, 2016, KRW 5,000 on February 7, 2016, and KRW 4,398,500 on February 13, 2016, and KRW 29,398,500 on February 14, 2016, and KRW 5,00 on February 14, 2016.

B. On February 3, 2016, the Plaintiff drafted a written contract from C to the end of May 12, 2016, stating that the Plaintiff shall lease a deposit of KRW 60 million, monthly rent of KRW 600,000,000,000, and the period from February 3, 2016 to May 12, 2016.

C. From February 4, 2016 to February 14, 2016, the Defendant remitted KRW 19,398,500 to C, and KRW 2,000,000 to D on February 6, 2016, and KRW 3,00,000 to E from February 6, 2016 to February 7, 2016.

[Grounds for recognition] Gap evidence No. 1, the purport of the whole argument

3. Determination

A. It is insufficient to recognize that the Plaintiff lent the said money to the Defendant’s bank account only because the Plaintiff remitted KRW 29,398,500 to the Defendant’s bank account, and there is no other evidence to acknowledge otherwise.

In addition, there is no evidence to prove that the defendant agreed to assume the above money responsible.

B. However, since the defendant is obligated to pay KRW 5,000,000, the defendant is obligated to pay the plaintiff KRW 5,000.

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