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Reasons
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(영문) 대구지방법원 2015.08.28 2014나22312
대여금
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1. Revocation of a judgment of the first instance;

2. The Defendant shall pay KRW 39,328,00 to the Plaintiff as well as its related costs from May 20, 2014.

Reasons

1. The following facts do not conflict between the Parties:

The Defendant leased and used each real estate indicated in the separate sheet from the Plaintiff (hereinafter “instant real estate”). However, on April 18, 2012, the Defendant purchased the instant real estate from the Plaintiff (hereinafter “instant sales contract”).

B. On March 31, 2012, the Defendant paid to the Plaintiff KRW 30,00,000,000, KRW 20,000 on April 1, 2012, and KRW 10,000,000 on April 9, 2012, and KRW 780,000 on a total amount of KRW 720,000,000 on April 30, 2012, and paid to the Plaintiff both. The foregoing payment included KRW 40,00,000 on a total amount of the loan borrowed from the Plaintiff and KRW 40,000,00 on a total amount of the loan borrowed from the Defendant.

C. Meanwhile, on April 26, 2012, the Plaintiff transferred KRW 40,000,000 from the account in the name of wife C to the Defendant’s account.

As above, the Defendant transferred the money so transferred to a certified judicial scrivener office entrusted with the registration affairs in relation to the sale of the instant real estate.

2. The parties' assertion

A. According to the instant sales contract on April 18, 2012, the Plaintiff asserted that the Defendant purchased the instant real estate from the Plaintiff at KRW 780,000,000 (the sales price of KRW 740,000,000 for the instant real estate and the loan amount of KRW 40,000 for the instant real estate that the Defendant is obligated to pay to the Plaintiff), and requested the Plaintiff to lend KRW 40,00,000 necessary for the registration tax, etc., to the Plaintiff. On April 26, 2012, the Plaintiff leased KRW 40,000 from the account in the name of wife C to the Defendant’s account.

Meanwhile, the Plaintiff received 672,00 won remaining after using the real estate as the registration tax, etc. for the instant real estate from the D Judicial Scriveners Office as part of the money that the Plaintiff is obligated to pay to the said Certified Judicial Scriveners Office. Therefore, the Defendant paid to the Plaintiff the remaining loan amount of KRW 39,328,00 and damages for delay.

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