beta
(영문) 청주지방법원 2020.11.27 2019나12191

대여금

Text

The part of the judgment of the court of first instance against the plaintiff falling under the order to pay below shall be revoked.

The defendant.

Reasons

1. The parties' assertion

A. The Plaintiff, at the Cheongju branch of “F” (hereinafter “F”), was an outstanding member from around 2015, and the Defendant was a person who was a F’s managing director from around 2016.

From September 30, 2016 to July 28, 2017, the Plaintiff loaned KRW 119,400,000 in cash, and KRW 55,603,533, and KRW 6,000 in total by having the Plaintiff enter into a contract with G Capital Capital and the Plaintiff under the name of the Plaintiff, and lent KRW 181,03,533 in total over 35 times.

However, as indicated in the attached Table 2, the Defendant paid the Plaintiff a total of KRW 38,354,795 from September 27, 2016 to November 15, 2017, and did not repay the remainder of the loan.

Accordingly, the Plaintiff filed a claim for a loan through credit card or capital increase out of the above loan in the relevant civil lawsuit (Cheongju District Court 2018Da8095, 2019Na15497, etc.). In the instant lawsuit, the Plaintiff filed a claim for the payment of KRW 119,40,000 lent in cash as shown in the table 1 below and the delay damages therefrom.

However, although the sum of the amounts listed in Nos. 7 and 8 below is leased by means of lending each credit card in the name of the plaintiff, the plaintiff does not claim the above amount in a related civil procedure, and the plaintiff claims it in the lawsuit of this case.

On September 30, 2016, 19, 19, 200 E Bank 19,40,000 E Bank 19,00,000,000 on September 17, 2016 to 533, 12,000,000 E Bank on November 18, 2016, 64 December 12, 2016; 00,00,000 or above on 205 (6,00,000,0006,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000, 21, 236, 2036, 307, 207, 307, 2005, 207

B. The Defendant borrowed the money under paragraphs 2 through 6 of the attached Table 1.