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(영문) 서울동부지방법원 2016.10.27 2015가단116064

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on loan claims

A. When the Plaintiff’s assertion operates a restaurant called “C” in the name of the Defendant, the Plaintiff loaned KRW 59,019,000 to the Defendant’s credit card in the name of the Plaintiff at his/her request by paying the Defendant’s goods, etc.

However, the Defendant is liable to pay the Plaintiff the remainder of KRW 28,00,000,000, and the remainder of the loan is not repaid. Therefore, the Defendant is liable to pay the Plaintiff the remainder of KRW 31,019,000 among the loan and the delay damages.

B. When the Plaintiff operates the above restaurant under the name of the Defendant, the fact that the Plaintiff settled the Defendant’s total amount of KRW 59,019,000 with the card in the name of the Plaintiff’s son as listed below does not conflict between the parties.

Considering that it is difficult for Defendant P&D 1 to 3,240,00 won to be traded on March 15, 2014, and it is difficult for Defendant P&D 1 to acknowledge the total amount of KRW 1,958,000 for Defendant E 1,621,00 for 1,60,000 for each of the following reasons: (i) Defendant F&C 20,60,000 for 1,000 KRW 1,000 for 1,60,000 for 30,60,000 won for 1,00,000 won for each of the following reasons; (ii) Defendant L&C 20,000 won for 1,50,000 won for 30,000 won for 1,50,000 won for 0,000 won for 1,50,000 won for 30,000 won for 2,015.