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(영문) 서울중앙지방법원 2013.11.21 2013가합13042
대여금반환
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1. Defendant B’s 215,00,000 won to Plaintiff (Appointed Party) and its related thereto from May 7, 2013 to November 21, 2013.

Reasons

1. Plaintiff (Appointed Party) Plaintiff (Appointed Party; hereinafter “Plaintiff”) A and Appointed Party D are father-child relationship, and Plaintiff A became aware of the introduction of Nonparty E, Defendant C Co., Ltd. (hereinafter “Defendant C”) whose father is Defendant B and Defendant B (hereinafter “Defendant C”).

Plaintiff

A lent KRW 275 million to Defendant B on December 3, 2009, and was reimbursed KRW 100 million on December 24, 2009, and thereafter KRW 20 million on June 1, 2011, KRW 820 million on June 16, 2011, KRW 4 million on July 19, 2011, KRW 460 million on August 2, 201, KRW 222 million on August 19, 201, KRW 10 million on September 29, 201, KRW 200,000 on September 1, 201, KRW 200,000 on September 1, 201, KRW 10 million on October 1, 201, KRW 200,000 on June 1, 201, KRW 201 on April 1, 2014, respectively.

In addition, on July 4, 2008, Plaintiff A loaned KRW 195 million to Defendant C on June 13, 2008, KRW 20 million to the Selection, KRW 150 million on December 24, 2008, KRW 150 million on March 18, 2008, and KRW 195 million on March 20, 2008, respectively.

Therefore, Defendant A, Defendant B, Defendant C, and each of them shall pay damages for delay from February 20, 2012, Defendant C, and the damages for delay from February 20, 2012, Defendant D, Defendant B, Defendant C, Defendant C, KRW 195 million, and damages for delay from February 20, 2012.

2. Determination

A. In full view of all the statements and arguments stated in Gap's evidence Nos. 1 through 10 (including each number in the case of provisional numbers; hereinafter the same shall apply) and the whole purport of the arguments, the facts that the plaintiff Gap lent to the defendant Eul the amount of KRW 100 million on December 3, 2009, but has been repaid the amount of KRW 100 million on June 1, 201; the amount of KRW 120 million on October 1, 201; the amount of KRW 12,00,000 on October 12, 201; the amount of KRW 4 million on November 19, 201; and the amount of KRW 6 million on November 16, 2012; and the amount of KRW 4 million lent to the defendant Eul on December 24, 2008, respectively.

Therefore, Defendant B’s KRW 200 million = KRW 275 million - KRW 10 million 20 million - KRW 10 million 4 million.

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