beta
(영문) 서울북부지방법원 2018.10.17 2018가합23494

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the Lari-Sari-Sari-gu manufacturing business, etc., and the Defendant is a person who runs a wholesale and retail business with the trade name of C and D from October 28, 2005 to March 28, 2018.

(hereinafter referred to as the “instant business”). B.

around August 2017, upon receiving a request from C to lend money necessary for the visibility of the brand called “E” and the production of juice products, the Plaintiff transferred KRW 400,000,000 to the instant business bank account under the name of the Defendant on August 21, 2017, in total, KRW 30,000,000 on August 25, 2017, and KRW 120,000,000 on August 31, 2017, and KRW 150,000 on September 15, 2017.

C. C is above B.

When the Plaintiff transfers money to the instant business account, the Plaintiff requested the Defendant to transfer money to his personal account as it is in the name of the “E”’s price of goods, etc. that he independently proceeds, and the Defendant transferred money to a personal account in the name of C according to C’s instruction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The plaintiff borrowed KRW 400,000,00 for the business of this case to the defendant, or KRW 400,000 from the plaintiff for the business of this case. The plaintiff asserts that the defendant is liable to pay KRW 400,000,000 and delay damages.

The Plaintiff lent KRW 400,00,000 to the Defendant solely on the basis of the evidence evidence Nos. 3 through 5.

In addition, it is insufficient to recognize that C borrowed KRW 400,000,000 from the Plaintiff for the instant project, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

B. The plaintiff shall receive money from the defendant, a joint business operator, in an abnormal manner.