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Reasons
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(영문) 수원지방법원안양지원 2020.01.02 2019가단8656
대여금
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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from November 7, 2019 to the date of full payment.

Reasons

1. The fact that the Plaintiff transferred KRW 50,00,000 to the deposit account in the name of C, his/her father and wife, on February 9, 2017, while the Plaintiff joined with the Defendant, is not in dispute between the parties or may be recognized by taking into account the overall purport of the pleadings in the statement of evidence No. 2.

2. The assertion and judgment

A. The summary of the party’s assertion (1) Upon receiving the Plaintiff’s request from the Defendant to lend money to the Defendant for the opening of a game room extracted from the Plaintiff, the Plaintiff lent KRW 50,000,000 to the Defendant as above.

Therefore, the defendant is obligated to pay to the plaintiff KRW 50,000,000 and damages for delay.

(2) The plaintiff's claim is merely a donation of KRW 50,000,000 to the defendant, who had a tobacco, and thus, must be dismissed.

B. (1) The following facts are either in dispute between the parties or in accordance with Gap evidence No. 3 and Eul evidence No. 1, the whole purport of the pleadings can be acknowledged.

(가) 원고가 2017. 2. 9. C 명의의 예금계좌를 통하여 피고에게 위와 같이 50,000,000원을 송금해 준 이후, 피고가 2017. 3. 23. 원고에게 휴대전화로 ‘당신 돈은 내가 1년 쓰기로 했잖아!!! 더럽고 치사해서 준다고 했는데, 왜 나 쪽팔리게 그러고 다녀!!!’라는 내용의 문자메시지를 보낸 것으로 나타난다.

(B) On September 28, 2018, the Plaintiff: (a) by deceiving C to lend KRW 50,000,000 to the Plaintiff with the opening capital of a game room extracted from the Plaintiff even though C did not have the intent or ability to repay the loan; and (b) by receiving the money from the Plaintiff on February 9, 2017, the Plaintiff filed a complaint against C with the investigative agency for fraud; (b) on the ground that C received the money from the Plaintiff, the said money from the Plaintiff, and (c) the Prosecutor was not a person who borrowed the said KRW 50,00,000 from the Plaintiff, but the Defendant is deemed not a C; and (d) on the grounds that C was not a person who borrowed the said KRW 50,00,000 from the Plaintiff, the Plaintiff

1. Facts of recognition;

A. B (Defendant) from December 2014 to March 10, 2017.

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