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Reasons
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(영문) 인천지방법원부천지원 2019.09.18 2018가단100085
대여금
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1. The Defendant’s KRW 43,00,000 as well as 5% per annum from October 31, 2014 to January 19, 2018 to the Plaintiff.

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff’s assertion that the Plaintiff lent KRW 43,00,000 to the Defendant around 2014, and the Defendant is obligated to pay the Plaintiff the above loan and the damages for delay.

B. The loan certificate prepared by the Defendant to the effect that the Defendant borrowed KRW 43,00,000 from the Plaintiff was only prepared by the Defendant upon the Plaintiff’s request to resolve the dispute between the Plaintiff and C, and there was no monetary transaction as stated in the actual contents.

The Defendant borrowed KRW 5,000,000 from the Plaintiff, but paid all of them.

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence No. 1, Eul evidence No. 5, Eul evidence No. 7-1, and Eul evidence No. 7-2, the plaintiff may conclude a loan agreement with the defendant for consumption with a loan of KRW 43,00,000, and the due date for repayment until October 30, 2014 (hereinafter "the loan agreement of this case") around August 5, 2014. Thus, the defendant is obligated to pay the plaintiff the loan of KRW 43,00,000 and the delay damages therefrom, barring any special circumstances.

B. The defendant's assertion argues that the defendant merely made a monetary transaction between the plaintiff and C, and that the evidence No. 1 (Evidence No. 1) was prepared by the defendant in the dispute process of the above two parties, but there is no transaction as stated in the actual contents, so the plaintiff's claim cannot be complied with.

According to each description of Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 5, Eul evidence No. 7-1, and Eul evidence No. 7-5, the plaintiff lent KRW 45,000,000 to Eul who is the defendant's seat around 2014, and the plaintiff was paid KRW 1,00,000 from C on July 23, 2014 and deducted KRW 5,00,000 from the above loan No. 45,00,000. The defendant decided to borrow the loan from Eul. The defendant borrowed the loan No. 43,00,000,000 on August 5, 2014, and until October 30, 2014 (hereinafter "the loan certificate of this case").

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