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Reasons
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(영문) 인천지방법원 2015.06.26 2014가단78330
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. Facts recognized;

A. On December 7, 2012, the Plaintiff agreed to lend KRW 50 million to the Defendant with the introduction of C and D, and paid KRW 50 million around that time.

B. On March 11, 2013, the Defendant repaid the Plaintiff KRW 20 million out of the said money.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff alleged that the Plaintiff did not repay KRW 30 million out of the above loans, and sought payment of KRW 30 million against the Defendant.

B. The Defendant’s assertion D argues that on May 2, 2013, the Plaintiff repaid a total of KRW 29,444,00 to the Plaintiff, thereby repaying all the borrowed money.

3. Therefore, we examine whether the Defendant paid the full amount of the borrowed money.

In full view of the following facts: (a) evidence Nos. 5, (b) evidence Nos. 2, and (c) evidence Nos. 2, and (d) the witness testimony of D, D, instead of the Defendant, shall transfer KRW 18 million to the Plaintiff’s account through an account under the name of E used on May 2, 2013, and paid KRW 1,40,000 in cash to the Plaintiff. Thus, the Defendant’s assertion is with merit.

The plaintiff asserts that the above money was not transferred in the name of the defendant and that D was repaid with money borrowed by the investigative agency, so it cannot be recognized that the defendant paid the money.

In other words, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of arguments in each statement in Gap evidence Nos. 3 through 6 and Eul evidence No. 1, the plaintiff extended additional money to the defendant on August 21, 2013, and made a written confirmation of payment after receiving all additional loans on or around December 30, 2013, and the plaintiff made a written confirmation of payment. The plaintiff knows that the said money is the amount that the defendant paid to the defendant, such as entering "B entry" on May 2, 2013 in his/her passbook.

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