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(영문) 서울중앙지방법원 2017.05.31 2016나42502

대여금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is based on Defendant B’s account in the name of Defendant B, KRW 9,800,000 on January 12, 2015, and the same year

2. 26.9,500,000 won, Defendant C’s account in the name of Defendant C transferred KRW 7,80,000 to Defendant D’s account, and KRW 19,50,000 on February 11, 2015. Since the aforementioned remittance was made without any legal cause, the Defendants are obligated to refund each of the above money and damages for delay to the Plaintiff.

B. The facts that money was remitted to the Defendants’ account under the Defendants’ name, as alleged by the Plaintiff, do not conflict between the parties.

However, in full view of the purport of the arguments in Gap's evidence Nos. 1, 1, 2, and 1 through 5, the plaintiff transferred the above money to Eul in the name of the defendants designated by Eul upon the request of the non-party E to lend money. Defendant B and C shall, upon the request of the plaintiff, deliver the above money to Eul as it is, and Defendant D shall, upon the request of the plaintiff, deliver 10,500,000 out of the 19,50,500,000 won which was remitted from the plaintiff to Eul as the repayment of the money loaned to Eul, and the remaining amount of KRW 9,50,000 out of the 19,50,000 as the repayment of the money loaned to Eul. Thus, the above money shall be transferred to the non-party for legal reasons, and it shall not be deemed that the defendants suffered unjust profits.

Therefore, we cannot accept the plaintiff's above argument.

2. Therefore, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal against the defendants is dismissed in its entirety. It is so decided as per Disposition.