(영문) 서울중앙지방법원 2015.05.08 2014나28441

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(영문) 서울중앙지방법원 2015.05.08 2014나28441

대여금

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1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

There is no dispute between the parties as to the fact that the plaintiff lent a sum of KRW 10 million on January 29, 2004, and KRW 30 million on December 17, 2004, without stipulating the period of repayment and interest to the defendant (the defendant was led to the confession of the above loan, but there is no evidence to support the fact that the confession was in violation of the truth and due to mistake, so the above confession is not valid). The defendant is liable to pay the plaintiff the loan amount of KRW 30 million on the first date of pleading, unless there are special circumstances.

The defendant's assertion of the defendant as to the defendant's defense was proved that the defendant transferred 10 million won as of December 9, 2004, and 20.75 million won as of December 31, 2014, the sum of principal and interest of 20 million won as of December 31, 2014, to the plaintiff's child C, to the plaintiff's child C, and the plaintiff paid all of the borrowed money to the plaintiff. The plaintiff asserted that the above 10 million won as of December 9, 2004, which was transferred to the defendant's operation, was paid as expenses for the treatment of the civil petition by J corporation operated by the defendant. Accordingly, according to the defendant's agreement, the above 10 million won as of November 2004 and December 31, 2004, which was remitted to the plaintiff on December 31, 2004, and the plaintiff cannot be found to have been fully used as the loan's account of this case.

Judgment

According to Gap evidence 5 and Eul evidence 1, the defendant remitted 10 million won from the national bank account (Account Number G) in the name of the F Co., Ltd. that he operated on December 9, 2004 to the national bank account (Account Number H) in the name of the F Co., Ltd., and the defendant remitted 20750,000 won from the defendant's SC Japan bank account (Account Number E) in the name of the defendant on December 31, 2004 to C.

First, the defendant transferred on December 9, 2004 10 million won.

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