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Reasons
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(영문) 의정부지방법원 2017.02.03 2016나7792
대여금
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On April 10, 2014, the Plaintiff deposited KRW 5,000,000 in the Plaintiff’s account under the Plaintiff’s name. The Plaintiff transferred KRW 6,00,000,000, plus KRW 1,000,000, to C on the same day.

B. The receipt in C, signed as of July 31, 2014, states as follows: “The receipt in C shall be receipt in the form of an illegal possession fee after April 10, 2014” and “the receipt in the form of an illegal possession fee after the judgment.”

[Reasons for Recognition] Each entry in Gap evidence 1 and 2

2. Summary of the parties' arguments;

A. On April 10, 2014, the gist of the Plaintiff’s assertion: (a) the Defendant requested the Plaintiff to pay 5,000,000 won to the Plaintiff instead of the overdue rent for the factory building leased by C; (b) the Plaintiff received a credit card loan and deposited 5,00,000 won into the Plaintiff’s account; and (c) the Defendant transferred 6,00,000,000 won in total, which was kept and kept by the Defendant to C’s account.

Therefore, the defendant is obligated to pay to the plaintiff KRW 5,000,000 and damages for delay.

B. The gist of the Defendant’s assertion 1) The Defendant, on April 10, 2014, proposed a club business in which the Plaintiff was working for the primary metal and steel products industry, and the Plaintiff was working for the household of the Defendant. The Plaintiff consented to the above proposal, and paid 15,000,000 won in arrears to C on behalf of the Defendant under the pretext of investment in the above business. The Plaintiff’s payment of KRW 5,00,000 paid to C on April 10, 2014 constitutes part of the above KRW 15,00,000,000. Accordingly, even if the Defendant did not have a duty to return KRW 5,00,000 to the Plaintiff, the Defendant did not have a duty to return the above KRW 5,00,000 to the Plaintiff, on the other hand, the Defendant immediately withdrawn the legal brief on May 31, 2016, and made reimbursement to the Plaintiff on June 16, 2004.

. against the defendant.

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