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(영문) 의정부지방법원 2020.07.15 2019가단131688

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

According to the statement in Gap evidence No. 1, 2016, the defendant, on April 15, 2016, prepared a monetary loan agreement with the plaintiff on the loan amount of KRW 100 million to the effect that "a loan is to be used for the promotion expenses for the construction of a new building complex C and D. The loan amount is to be repaid immediately after the completion of a new building." (The above agreement entered with the defendant as the lender. The plaintiff's loan claim against the above KRW 100 million is stated as the lender. The plaintiff's loan claim against the defendant is to be repaid against the defendant. On the ground that the plaintiff's transfer of the loan claim of this case to F, the defendant cannot respond to the plaintiff's claim since the plaintiff transferred the loan claim of this case to F, and according to the statement in Eul evidence No. 2, it is difficult to view that the plaintiff was to exercise the right holder's right of transfer on October 27, 2016.

In this regard, although the Plaintiff offered F the instant claim to F as a security for transfer, the Plaintiff asserted that the instant claim was returned to F by repaying the entire debt owed to F, and there is no evidence or basis to acknowledge it.

Ultimately, we cannot accept the Plaintiff’s assertion.

The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.