(영문) 대구고등법원 2016.10.06 2016나21569

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(영문) 대구고등법원 2016.10.06 2016나21569

대여금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion was made between April 14, 2005 and December 27, 2006, and the defendant's husband transferred total of KRW 41,2120,000 to the defendant, who was working as the defendant's husband, and the defendant lent total of KRW 41,2120,000 to the defendant, therefore the defendant is liable to pay KRW 49.120,000 among them to the plaintiff.

2. According to the statement of Gap evidence Nos. 1 to 4, 7, and 10 (including the whole number with additional numbers), according to the plaintiff's statement, the plaintiff's amount of KRW 50 million on June 13, 2006 to Sananan Litd, and the same year.

8. 8.38.38.20 million won, 20.14.20 million won on December 20, 201 of the same year, 16.21.2 million won on August 27 of the same month, and the fact that a certain amount has been withdrawn from the Plaintiff’s account is recognized on the date on which the Plaintiff asserts that he lent money to the Defendant.

However, in light of the following: (a) there is no evidence to acknowledge the details of payment with respect to the portion exceeding KRW 160,2120,000,00,000,000,000, which the Plaintiff claimed that he lent to the Defendant, and (b) there is no evidence to acknowledge that the amount of money transferred to the ASEAN was a loan to the Defendant; (c) in light of the amount of money the Plaintiff claimed that he lent to the Defendant, the relationship between the Plaintiff and the Defendant, and the Plaintiff, the Plaintiff wired money to the ASEAN account that is not the Defendant’s account, it goes against ordinary monetary transaction practices; (c) it is difficult to deem that the Plaintiff was not issued and delivered with the loan certificate to the Plaintiff solely on the statement in the evidence No. 6, that it is difficult to deem that the Plaintiff recognized the Plaintiff’s claim for the loan and promised the repayment. There is no evidence to acknowledge otherwise.

3. The plaintiff's claim against the defendant is without merit.

유사 판례

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