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Reasons
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(영문) 서울중앙지방법원 2021.01.14 2020나34607
대여금
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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After filing an appeal.

Reasons

1. Facts of recognition;

A. On August 20, 2008, the defendant prepared a certificate of cash custody (No. 1, hereinafter "certificate of cash custody of this case") with the following contents to D on August 20, 208.

I would like to pay the above amount in installments for eight years, which is, the No. 5,000 Won.

FD creditors of banks E in the amount of KRW 200,000 per month: D debtor: Name C before the name of the defendant

B. On September 30, 2008, the Defendant remitted total of KRW 600,000 to the above E bank account as set out in the cash custody certificate between September 30, 2008, October 31, 2008, and November 25, 2008 between November 25, 2008.

(c)

D A. On November 30, 2011, the Plaintiff, G, and H, who were their co-inheritors, entered into an agreement on the division of inherited property on September 22, 2017, to have the claim against D against the Defendant solely owned by the Plaintiff due to the certificate of cash custody in the instant case.

[Ground for Recognition: Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings]

2. Summary of the plaintiff's assertion

A. Since D, as the primary cause of the claim, lent KRW 20 million to the Defendant as stated in the cash custody certificate of this case and received reimbursement of KRW 600,000,000 among them, the Defendant is obliged to pay the Plaintiff the remaining loan amounting to KRW 19,40,000,000 and the delayed damages.

B. Even if the conjunctive claim is not a loan of KRW 20 million, the Defendant agreed to provide D with a certificate of cash custody and pay KRW 20 million in installments each month for eight years, and thus, pursuant to the agreement, the Plaintiff shall pay the remainder amount of KRW 19.4 million and delayed damages.

3. Determination

A. In light of the fact that: (a) there is no indication on the name of the Defendant to pay KRW 20 million to D in the certificate of cash custody of this case; and (b) there is no evidence suggesting that D grants KRW 20 million to the Defendant at the time of preparation; and (c) there is no evidence suggesting that D grants KRW 20 million to the Defendant.

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