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Reasons
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(영문) 대전지방법원 2015.08.20 2015가단3652
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. The parties' assertion

A. The Plaintiff asserted that the Plaintiff loaned KRW 20 million to the Defendant on January 19, 201, KRW 30 million on March 2, 2011, KRW 20 million on March 8, 2011, KRW 30 million on March 8, 2011, KRW 24 million on a yearly interest rate, and KRW 24 million on June 13, 201, within two weeks from the date on which the Plaintiff claimed the payment period. Of these, the Plaintiff received reimbursement of KRW 40 million on June 26, 2012.

Therefore, the defendant should pay to the plaintiff 60 million won and interest thereon.

B. The plaintiff's assertion does not lend money to the defendant, but is the money invested by the defendant's wife C with the defendant's introduction.

2. In the instant case where the Plaintiff seeks the return of money paid against the Defendant, the Plaintiff must prove that the money paid to the Defendant is a loan, and the Defendant does not prove that the money was an investment amount.

The Plaintiff, as alleged in the Defendant’s husband’s husband’s transfer of KRW 100 million in total to the Plaintiff, paid money equivalent to 2% of the money that the Plaintiff transferred to the Plaintiff each month in the name of C, and on June 26, 2012, deposited KRW 40 million to the Plaintiff in the name of C does not conflict between the parties.

However, it is insufficient to recognize that the money deposited by the Plaintiff in the account under the name of the Defendant was the money lent to the Defendant solely on the basis of each of the above facts recognized and the evidence Nos. 1 through 4.

Therefore, the plaintiff's assertion is without merit.

In other words, according to the statement of No. B No. 1, if the plaintiff deposits money, the defendant immediately paid the full amount of money to D.

The defendant alleged that the plaintiff invested KRW 30 million to D on August 25, 2011, and that D returned KRW 30,000 to the plaintiff. According to the evidence No. 3, it is recognized that the plaintiff deposited KRW 30,000 from D's account to the plaintiff's account.

The part that the Defendant paid KRW 40 million to the Plaintiff is an important loan to the Plaintiff.

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