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(영문) 춘천지방법원강릉지원 2020.07.21 2019나31280
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. Determination on the cause of the claim

A. On October 19, 2016, the Plaintiff offered a loan of KRW 30,000,000 to the Defendant, and thus, the Defendant asserts that the Defendant is obligated to pay the Plaintiff the remainder of KRW 27,00,000,000, excluding the amount of KRW 3,000,000 paid on October 1, 2018, and the interest for delay.

In this regard, the defendant asserted that the above money was borrowed or invested by the plaintiff by the co-defendant C who was the co-defendant of the first instance trial, and that himself was only lent to the account for C which was the husband at the time of the marriage.

B. In light of the following facts and circumstances, the Plaintiff appears to have lent KRW 30,00,00 to the Defendant on October 19, 2016 in light of the following facts and circumstances acknowledged by the respective descriptions of evidence Nos. 1, 3, and 1, 1, 2, and 1, and 2, and the purport of the entire pleadings, the Plaintiff appears to have leased KRW 30,000 to the Defendant, and the testimony of witness E by the witness of the Party Party E is insufficient to reverse the recognition.

① On October 19, 2016, the Plaintiff remitted KRW 30,000,00 to the Defendant’s deposit account. On October 1, 2018, the Defendant remitted KRW 3,000,000 to the Plaintiff.

② The Defendant asserts that the money remitted from the Plaintiff was used as the construction cost, etc., and that himself was only transferring the said money to D at the request of C.

However, the defendant transferred KRW 30,00,000 to D on November 10, 2016 from D to November 10, 2016, the defendant received a letter of payment stating that "I, "I, after borrowing (gold KRW 30,000,000) from D to D for construction costs, such as material purchase cost, the sum of honorariums for such lending (0,000,000,000,000) shall be paid within one month (12,100) (10,000)." In light of the fact that C signed the said letter of payment with "I," and signed it with "I, 30,000,000,000,000 at the time, was not C, but the defendant later lent KRW 30,00,000 transferred from the plaintiff to D for use on their own account.

(3) A witness E of the political party shall be present.

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