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Reasons
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(영문) 서울중앙지방법원 2016.03.22 2015가합509431
대여금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 21, 2010, 100, 60,000,000 won remittance account (national bank D) on April 21, 2010, 30,000 on May 24, 2010, 200, 30,000 on May 25, 2010, 200, 40,000 on June 11, 2010; 10,000 on June 30, 200, 200 on June 30, 200, 200 on June 24, 200, 200 on July 16, 2010, 2000, 200, 2000,000 small bank, 200,0000, 2000, 2000, 2000, 201, 308

A. As between April 21, 2010 and December 2, 2011, the Plaintiff remitted total of KRW 250,000,000 to the deposit account of the Defendant and C Co., Ltd (hereinafter “C”) as indicated in the following table (hereinafter “instant remittance table”).

B. Some of the funds transferred by the Plaintiff to C’s deposit account (National Bank D) was transferred to C to another deposit account (National BankF) and used as C’s wages, taxes, etc.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 3, and 4 (including each number)

2. Summary of the parties' arguments;

A. The Plaintiff agreed to pay interest at a rate of 20% per annum to the Defendant on the part of the Defendant as the representative director C’s operating capital. As the Defendant agreed to pay interest at a rate of 20% per annum on the above loan, the Defendant is obligated to pay to the Plaintiff 253 million won and the amount at a rate of 20% per annum from January 1, 2013 to the day of full payment, which is the day following the date of final interest payment.

B. Defendant 1) The money listed in the table Nos. 1 through 6 (200 million won) of the instant remittance table is the money invested by the Plaintiff in C and is not the money loaned to the Defendant. (2) The money listed in the table Nos. 7 through 9 (53 million won) of the instant remittance table is the money loaned by the Plaintiff to the Defendant, or the Defendant repaid the Plaintiff the amount exceeding the above amount, and thus, the loan obligation remains no longer.

3. Determination

A. The Plaintiff remitted the money listed in the table 1 to 6 to C’s deposit account.

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