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Reasons
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(영문) 광주지방법원 2018.09.21 2018나51620
대여금
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1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 62,50,000 as well as the full payment with respect thereto from April 6, 2017.

Reasons

1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap evidence 3, and Eul evidence 1 through 5 (including each branch number; hereinafter the same shall apply);

(2) each entry, N Bank, and Credit Union each financial transaction information reply result, the purport of the entire pleadings

A. The plaintiff is the father of Nonparty C, and the defendant is the husband of Nonparty C.

B. The defendant and the non-party C (hereinafter "the defendant's side") proposed that "the plaintiff "the plaintiff and the non-party C will help the plaintiff to work" around 2008.

In response, on July 7, 2008, the Plaintiff offered E Apartment F, which is owned by the Plaintiff, as security, and borrowed a total of KRW 64,200,000 (=credit loans of KRW 5,000,000) from G cooperatives (=credit loans of KRW 59,200,000), and transferred KRW 62,50,000 among them to the Defendant.

C. The Defendant paid KRW 184,500 and KRW 159,250 to the National Pension on July 10, 2008, respectively. ② On July 11, 2008, the Defendant paid KRW 1,500,000 to I as the price for the O’s goods operated by D, and KRW 90,000 to J as the criminal agreement amount of KRW 25,00,000 for D (hereinafter “instant criminal agreement amount”). ③ On July 12, 2008, the Defendant paid KRW 30,000 to H as the criminal agreement amount of KRW 30,000 to the Dispute Resolution Co., Ltd., a business partner.

On August 1, 2011, the Plaintiff received a loan of KRW 64,00,000 from a lower L Cooperatives with a loan interest rate of KRW 64,00,00 from the said G Cooperatives and repaid the loan to the said G Cooperatives.

E. From August 2008 to March 2017, the Defendant transferred the money equivalent to the interest on the said loan to the Plaintiff every month.

2. Determination

A. The parties asserted (1) against the Plaintiff 62,50,000 won of the instant transfer money, the Defendant promised that “the Plaintiff would return the instant transfer money to the Plaintiff as the money was prepared in the future,” and the Defendant agreed that the Defendant would bear the interest on the loan accrued until the said transfer money is returned.

(2) The Defendant Plaintiff shall pay the instant transfer money.

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