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Reasons
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(영문) 광주고등법원(전주) 2019.05.23 2018나11737
대여금 반환
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The judgment of the court of first instance is ordered.

Reasons

1. Facts of recognition;

A. The pertinent Defendants between the parties are married couple, and the Plaintiff has been aware of the relationship between the Defendants and the faculty type, and has made a transaction, such as lending money.

B. From December 15, 2006 to September 11, 2013, the details of remittance made by the Plaintiff to the Defendants directly or under his spouse M in relation to the instant case are as follows:

(B) On December 15, 2006, 200 million won (Evidence A7) No. 7) Defendant C (EF) (EF) on July 19, 2007, KRW 35 million (Evidence A 2-1 and 1-2) on the date of payment of the remittance No. 3 "15 billion (Evidence A 2-2, 1-2, 100 million) on the date of payment of the remittance No. 421, Dec. 18, 2010; KRW 200,000 (Evidence B-2, 1-2); KRW 700,000,000 (Evidence A-3,9-9); KRW 500,000,000 on the aggregate of KRW 50,500,000 on the part of the Association (EF) on April 26, 2012; KRW 1500,500,000.

C. Meanwhile, the Defendants paid KRW 10 million on July 2, 2012 to the Plaintiff for the repayment of the principal of the loan, and KRW 50 million on July 3, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 7, Eul evidence 1 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. From December 15, 2006 to September 11, 2013, the Plaintiff loaned KRW 410 million in total to the Defendants, who operated a limited company H (hereinafter “H”), such as the statement of remittance details, with the amount of KRW 410 million in interest-free interest (No. 1) or KRW 1.1% in interest (No. 2 to 6). From among the Defendants, the Plaintiff was repaid KRW 150 million in total by the Defendants.

At all times, the Defendants sought the Plaintiff and requested the lending. The Plaintiff received a deposit account jointly used by the Defendants and deposited money as indicated in the remittance statement.

Therefore, the defendants are jointly and severally liable to the plaintiff for a loan of 20 million won.

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