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Reasons
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(영문) 서울고등법원 2019.11.22 2019나2026296
대여금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts recognized;

A. On March 25, 1997, from March 2, 1999 to March 2, 1999, the Plaintiff sent KRW 244,280,000 (hereinafter “instant loan”) in total on the name of the loan to the account opened in the name of the Defendant as the remitter with the Plaintiff himself or his wife F or his mother, as indicated in the attached Table 1 lending Report.

B. On April 29, 1997 through March 7, 2018, the Defendant sent KRW 625,50,000 in total to each account opened in the name of the Plaintiff or F [the total remittance amount of KRW 141,640,00 in [Attachment 2] [the total remittance amount of KRW 141,250,00 in [Attachment 3] attached Table 3(2] as stated in [Attachment 2-5(4)] from April 29, 197 to March 7, 2018. The Defendant sent KRW 21,860,000 in total of remittance amount of KRW 180,860,00 in [Attachment 2] attached Table 3(2].

[Reasons for Recognition] No dispute, Gap evidence Nos. 1, 4-10, 13 (including various numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) The fact that the Plaintiff paid the instant loan to the Defendant on March 25, 1997 through March 2, 1999 by deposit account does not conflict between the parties.

In addition, when this Court comprehensively takes account of the facts acknowledged in paragraph (1) and the following circumstances that can be seen by the entire purport of entry and pleading as to No. 12, the loan of this case can be sufficiently recognized as the defendant. The entries of No. 17 and various circumstances cited by the defendant do not interfere with the acknowledgement of facts.

(A) The defendant passed one month from March 25, 1997, which was the first date of the plaintiff's initial loan.

4. From the beginning of paying KRW 1,200,000 to March 7, 2018, a large amount of money exceeding KRW 625,550,000 was paid to the Plaintiff as the repayment of the instant loan obligations.

These circumstances are the loan of this case.

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