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Reasons
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(영문) 춘천지방법원강릉지원 2015.10.07 2015가단3750
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. Summary of the parties' arguments;

A. On January 23, 2014, the Plaintiff: (a) decided on April 30, 201 to lend KRW 60 million to the Defendant; (b) transferred KRW 60 million to the Agricultural Cooperative Account (C) in the name of the Defendant (hereinafter “instant money”); and (c) asserted that the Defendant did not pay the amount.

The defendant, on January 23, 2014, transferred KRW 60 million to the Agricultural Cooperative account under the name of the defendant to the defendant, but it is not a loan to the defendant, but a monetary transaction made with the defendant's husband D while operating an agricultural product wholesale business together with the defendant's husband D and it is proved that D used the account under the name of the defendant. The defendant did not borrow KRW 60 million from the plaintiff.

B. The plaintiff asserts that even if the above amount is a loan to D, D and the defendant, as the husband and wife, the defendant, as the defendant, guaranteed D's loan to D by allowing D to use his own agricultural bank account, and even if not, D and the defendant used the above loan to pay the defendant's debt. The plaintiff asserts that D and the defendant are responsible for the payment of the defendant's debt.

C. On March 11, 2015, the Plaintiff and the Defendant met part of the loan by remitting the amount of KRW 20 million from the Plaintiff’s account to the Plaintiff’s account from March 11, 2015. The Plaintiff asserts that even if D borrowed money from the Plaintiff on behalf of the Defendant without the Defendant’s delegation, the Defendant ratified the above loan obligation.

The plaintiff asserts that the defendant is liable for damages arising from tort since he lent his account to D for the purpose of evading compulsory execution.

2. Determination

A. Even if there is no dispute between the parties to the judgment on the assertion of the loan, the ground that the creditor received the loan is a loan for consumption, and the debtor receives it.

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