Actor Kim Bu-sun wins partial loan lawsuit, but court's 'close friendship' ruling draws family's fury

Actor Kim Bu-sun has won a partial victory in a civil lawsuit brought by the family of a deceased acquaintance over the return of 200 million won ($150,000), but the family is furious after the court described Kim and the late acquaintance as having a "particularly close friendship" and ruled that most of the money transferred was given out of goodwill.

According to a ruling obtained by the Hankook Ilbo on Friday, Seoul Eastern District Court Judge Choi Seong-su ordered Kim on Oct. 30 to repay 70 million won in debt plus 1.37 million won in delay damages to the family of the deceased, identified only as A, who had filed the civil suit.

The family had originally sought the return of the full 211.31 million won that A had transferred to Kim up until shortly before dying. The court, however, ruled that Kim need only pay the 70 million won in debt plus the 1.37 million won in delay damages, and ordered that 70 percent of litigation costs be borne by the plaintiffs and the remainder by the defendant.

The only amount the court recognized as a loan was 80 million won transferred in June 2024. Kim argued that 10 million won of that sum had been repaid immediately, bringing the total loan to 70 million won, and the court accepted that claim.

The court declined to treat as debt the roughly 80 separate transfers of several million won each that A had sent to Kim. Most of the money A sent between August 2013 and 2023 had been repaid within days by Kim or associates. From 2024 onward, transfers came roughly once a month — typically 3 million won, and sometimes 2 million won or 1 million won — though only some were returned.

The court's characterization of the relationship as a "particularly close friendship" stemmed from the notes A left on the transfer records.

While A occasionally wrote "interest-free loan" or "loan" in the transfer memos, other entries read "stay warm in your coat," "use this for your dog's treatment" and "have a good trip" — phrasing the court said was consistent with voluntary gifts between people on close terms.

The family pushed back, arguing that no gift tax had ever been reported or paid on the transfers.

The court rejected that argument, saying that "the absence of a gift tax filing or payment is merely a matter of compliance with a tax-law obligation" and that "the absence of such records alone is not sufficient to conclude that a loan agreement existed between the deceased and the defendant regarding the money in question."

The family also argued that A's use of the phrase "interest-free loan" in the memos supported a lending relationship, and submitted circumstantial evidence including Kim's history of repaying earlier transfers and the unpaid gift taxes. The court did not accept those arguments.

"The burden of proof for the existence of a loan lies with the plaintiff," the court said. "The plaintiff's evidence is insufficient to establish that a loan exceeding 70 million won was made."

Meanwhile, Kim posted on SNS on Tuesday welcoming the outcome, calling it "a precious result tantamount to a complete victory."

Kim said the deposit held in escrow had been retrieved after the ruling and that both the principal and delay damages had been paid in full to the family, adding that a provisional seizure placed on an apartment had also been lifted.

The family, however, immediately filed an appeal, saying Kim had "seriously defamed the deceased by distorting the nature of their relationship during a live broadcast about the ruling in order to support the gift argument."