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Reasons
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(영문) 춘천지방법원 강릉지원 2018.08.14 2017나1810
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. Summary of the parties' arguments;

A. The Defendant asked the Plaintiff to lend money to the Plaintiff, and promised to pay a high interest rate.

Accordingly, from October 15, 2005, the Plaintiff lent a total of KRW 30,895,800 to the Defendant several times.

Therefore, the defendant is liable to pay the above loan and damages for delay to the plaintiff.

B. The defendant did not borrow money from the plaintiff.

The defendant, while living together with the plaintiff, purchased the frequency of collection by auction in the name of the plaintiff, and the plaintiff only remitted money to the defendant as repair cost in the process of accepting it.

Therefore, the money of the plaintiff's assertion is not a loan but a loan.

2. Determination

A. Even if there is no dispute as to the fact that the parties exchange money, the plaintiff asserts that the cause of receiving money is a loan for consumption, while the defendant asserts that it is a loan for consumption, the plaintiff is responsible to prove that it is a loan for consumption.

(See Supreme Court Decision 72Da221 delivered on December 12, 1972, etc.). B.

The fact that the Plaintiff transferred the sum of KRW 30,895,800 (hereinafter “the instant money”) to the Defendant’s account several times from October 14, 2005 to December 17, 2010 is either no dispute between the parties or may be recognized by the statement in subparagraph 2-1 to 6.

However, the following circumstances, i.e., ① there is no loan certificate or other document proving the loan between the Plaintiff and the Defendant, ② the Plaintiff is unable to assert and prove the repayment period, interest rate, etc. of the instant money, ③ the Plaintiff sent to the Defendant a certificate of partial repayment of the instant money on September 3, 2015, which was immediately before the Plaintiff filed the instant lawsuit, around September 3, 2015.

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