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(영문) 서울중앙지방법원 2017.10.27 2016가합555738

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. Plaintiff’s assertion 1) From September 25, 2012 to March 17, 2014, the Plaintiff wired and lent KRW 49,392,813, as shown in attached Table 1, to Defendant D’s account. 2) The Plaintiff wired and lent KRW 178,910,000 in total to Defendant B’s account from November 19, 2012 to March 17, 2014 as listed in attached Table 2.

3) From August 6, 2013 to February 28, 2014, the Plaintiff wired and lent a total of KRW 101,40,000 to the Defendant’s account as shown in attached Table 3. 4) As the Plaintiff leased each of the above money to the Defendants at Defendant D’s request, Defendant D is obligated to pay the Plaintiff a total of KRW 329,702,813 (= Defendant D loan amount of KRW 49,392,813 (= Defendant C loan amount of KRW 178,910,00,000) and interest interest thereon, and Defendant B is jointly and severally liable to pay each of the above interest and interest thereon to the Plaintiff with each of the above money.

B. In light of each evidence submitted by the Plaintiff, the fact that the Plaintiff remitted the amount claimed by the Plaintiff to the Defendants as shown in the separate sheet is recognized.

However, the above facts alone are insufficient to recognize that the amount transferred by the Plaintiff to the Defendants was a loan, and there is no evidence to prove the fact that a monetary loan contract has been concluded between the Plaintiff and the Defendants.

The plaintiff's assertion is without merit to further examine.

2. The plaintiff's claim against the defendants is dismissed as it is without merit.