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Reasons
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(영문) 서울중앙지방법원 2020.01.31 2019가단5073112
대여금
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1. The defendant's KRW 29,000,000 and its amount shall be 5% per annum from February 26, 2019 to January 31, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 25, 2006, the Plaintiff and C were legally married couple who completed the marriage report. On August 17, 2017, the Seoul Family Court 2017Ddan311308 (the principal lawsuit), divorce, etc., and the following conciliation (hereinafter “instant conciliation”) was established and divorced.

1. The Plaintiff (Counterclaim Defendant, hereinafter “C”) and the Defendant-Counterclaim Plaintiff (hereinafter “Plaintiff”) are divorced.

(Omission)

5. C and the Plaintiff shall not have any property right including consolation money and division of property in relation to the divorce of this case in the future.

(Omission)

B. The defendant is referred to C.

C. On March 23, 2012, the Plaintiff received a loan of KRW 15,00,000,000 from the Defendant on the same day, and remitted a total of KRW 15,00,000 to the Defendant on the same day.

In addition, the Plaintiff received a loan of KRW 14,000,000 on March 27, 2012, and transferred a total of KRW 14,00,000 to the Defendant on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Around March 2012, the Defendant sought the Plaintiff and asked the Plaintiff to lend money to the Plaintiff, stating that “The business funds are urgently needed. There is an urgent amount to be paid to the Plaintiff. On or after the two months, the payment of the construction expenses is to be paid.”

At the time, the Plaintiff did not have money but transferred KRW 15,00,000 to the account under the name of the Defendant on March 23, 2012, taking into account the circumstances of the Defendant, who is the head of the Gu, and transferred KRW 10,00,000 to the account under the name of the Defendant. On March 27, 2012, the Plaintiff borrowed KRW 14,000,000 to the account under the name of the Defendant, and upon the Plaintiff’s request, transferred KRW 10,000,000 to the account under the name of the Defendant. The Plaintiff lent KRW 39,00,000 to the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 39,000,000 and damages for delay.

3. Determination

A. The facts of the above recognition as to the cause of the claim and the statements in Gap evidence Nos. 1, 2, 5, and 6 are all the arguments.

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