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(영문) 서울중앙지방법원 2018.04.19 2016가단5288067

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the main claim

A. The main point of the Plaintiff’s assertion was that if the Defendant lent money to the Plaintiff, he acquired the Plaintiff’s membership in the C Regional Housing Association in the Plaintiff’s name and disposed of the membership, and distributed profits accrued therefrom, and that only the principal will be responsible for the failure of the investment.

Accordingly, the Plaintiff transferred the amount of KRW 405 million on December 15, 2006 to the Defendant on December 2006, and KRW 52 million on December 20, 2006, and pursuant to the above agreement, the Defendant is obligated to repay the total amount of KRW 92.5 million to the Plaintiff.

B. However, it is insufficient to recognize the fact that the Defendant paid profits or promised to guarantee the repayment of principal to the Plaintiff by only the descriptions of Gap evidence Nos. 1 through 5 (including the number of branch numbers; hereinafter the same shall apply) and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim for the contract amount of this case is without merit.

2. Determination on the conjunctive claim

A. The gist of the Plaintiff’s assertion was that the Defendant loaned money to the Plaintiff to make an investment in connection with the development of the apartment within 2-3 months and transferred the said money upon the Plaintiff’s request for remittance by having the said money repaid within 2-3 months.

Since the money transferred by the plaintiff to the defendant is a loan, the defendant is obligated to return it to the plaintiff.

B. However, there is insufficient evidence to acknowledge that the above money transferred by the Plaintiff to the Defendant was a loan solely based on the evidence Nos. 1, 2, and 3, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it does not appear to be a mother and there is no reason to do so. It is so decided as per Disposition.