beta
(영문) 수원지방법원평택지원 2020.09.03 2019가단62022

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion and its judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff deposited KRW 45,700,000 in the passbook in the name of the Defendant, including KRW 700,000,000 on August 31, 2018, and KRW 45,700,000 on September 5, 2018. C acquired the said money from the Plaintiff, and the Defendant, as a accounting officer of C, participated in the said illegal act in collusion with C, is obligated to pay the amount stated in the purport of the claim to the Plaintiff. 2) The instant money claimed by the Plaintiff by the Defendant as the summary of the Defendant’s assertion, which is the Defendant’s private village, was requested to the Plaintiff.

The defendant only lent a passbook upon C's request, but did not participate in illegal acts against C's plaintiff, so there is no obligation to pay the money stated in C's claim to the plaintiff.

B. According to the statement in Gap evidence No. 1, the fact that the plaintiff deposited KRW 45,700,000 in total, including KRW 700,000,000 on August 31, 2018 and KRW 45,00,00 on September 5, 2018, is recognized.

Furthermore, even though the defendant participated in the illegal act of C, that is, whether C had lent the passbook in the name of the defendant to C with the knowledge that the above money was acquired by the plaintiff, there is no evidence to acknowledge it. Therefore, the plaintiff's above assertion is without merit.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.