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(영문) 부산지방법원 2019.07.09 2018가단20176
대여금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On February 3, 2017, the Defendants asserted that the Defendants leased KRW 70,000,000 from the Plaintiff as interest rate of KRW 0.5% per month and due date of payment on October 3, 2017.

On February 3, 2017, the Defendants borrowed KRW 70,000 from the Plaintiff to prepare a lease deposit in the process of concluding a lease contract with D Co., Ltd., and at the time of the Plaintiff, the Plaintiff transferred the said money to the Defendant B’s account upon receiving a proposal from the Defendant C to the Defendant B’s account.

B. The summary of the Defendants’ assertion was that KRW 70,000,000, which was the representative director of D, remitted the details of remittance to D through Defendant B’s account, and it did not constitute the Defendants borrowed from the Plaintiff.

2. Determination

A. In a case where a transfer is made by transferring money to another person’s deposit account, such transfer may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment. Therefore, the mere fact that such transfer was made cannot be readily concluded that there was the intent of the parties to a loan for consumption (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such transfer was in accord with the intent of the parties to the loan for consumption cannot be readily concluded (see Supreme Court Decision 2012Da30861, Jul. 26,

(See Supreme Court Decision 2014Da26187 Decided July 10, 2014). B.

According to the statements in the evidence Nos. 1, 2, and 1, 9-1, 1, and 2 of the evidence Nos. 1, 3-1, 200, the Plaintiff transferred KRW 70,000 to the Defendant’s account on February 3, 2017, and KRW 70,000 from Defendant B’s account on the day, the Plaintiff transferred KRW 70,000 from Defendant B’s account to Defendant D’s corporate account on the same day, and on the same day, the Plaintiff concluded a lease contract with Defendant B and D on real estate such as Busan F on the same day.

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