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(영문) 수원지방법원안양지원 2020.02.06 2019가단4173
대여금
Text

1. The Defendant’s KRW 42,00,000 as well as the annual rate of KRW 5% from June 6, 2019 to February 6, 2020 to the Plaintiff.

Reasons

Basic Facts

On September 30, 2015, the Plaintiff leased KRW 10 million to the Defendant on January 31, 2016, which was issued a cash custody certificate from the Defendant.

On October 30, 2015, the Plaintiff transferred KRW 20 million to the Defendant, and KRW 10 million on December 23, 2015, by stating that it is a support fund (mast) to the bank transaction.

On November 9, 2016, the Plaintiff leased KRW 10 million to the Defendant on the last day of December 2017, and received a certificate of borrowing from the Defendant.

In addition, on February 1, 2016, the Plaintiff paid KRW 8,471,117 to the Defendant or remitted the amount to the Defendant’s demand. On February 1, 2016, the Plaintiff remitted the amount of KRW 8,471,117 to the Defendant. On March 1, 2016, the amount of KRW 7 million was KRW 7 million on March 1, 2016, KRW 500,000 on April 12, 2016, and KRW 3 million on May 10, 2016.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and the purport of the whole argument as to the plaintiff's assertion by the parties concerned (i.e., 76,471,17 won in total on several occasions from September 30, 2015 to November 9, 2016 (i.e., e., 76,471,117 won in total) (i., e., September 30, 2015; ii) KRW 20,000 won in total on October 30, 2015; 360,000 won in total on 71,200,000 won in total; i.e., 71, 117 won in cards, etc.; i., 601, 16.7 million won in total on 16, 2016).

The plaintiff and the defendant alleged that they were aware of the meeting and were private-friendly. The defendant merely borrowed 20 million won from the plaintiff to the plaintiff and received 48 million won of cash custody and loan, and only received 8,471,117 won of the remaining remittances or card payment that the plaintiff paid on behalf of the plaintiff as the close relation between the plaintiff and the defendant.

In particular, the Plaintiff remitted to the Defendant KRW 20 million on October 30, 2015, and KRW 10 million on December 23, 2015.

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