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(영문) 서울중앙지방법원 2015.04.03 2014가단207304

대여금

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On April 30, 2013, the Plaintiff agreed to lend KRW 10,000 to the bank account of Defendant B, who is his father, for three months after the due date, and deducted KRW 500,000 from the prior interest on the same day, and then remitted KRW 9,50,000 to the bank account of Defendant B, who is his father.

B. The plaintiff is also the same year.

5. 30. 30. 20,000 won shall be due and payable between D.

8. The Defendant C’s spouse, who was the spouse of the Defendant B, agreed to make a loan on a 30-day basis, deducted the amount of KRW 10 million from the preferred interest on the same day, and then remitted the amount of KRW 19 million to the bank account.

C. Upon the cooperation of the Defendants, D opened the above bank account or withdrawn the above remitted money. Since the Defendants are married and wife, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 30 million of each of the above loans against D.

2. Even based on the Plaintiff’s assertion itself, the other party to the above lending contract is not the Defendants but D.

In addition, the Defendants asserted that the deposit account that the Plaintiff remitted each of the above money to D was opened in the name of the Defendants, but it was used in D, and thus, they did not know the details of the remittance.

In full view of these circumstances, the validity of each of the above lending contracts between the plaintiff and D cannot be deemed to have reached the defendants, and thus the plaintiff's above assertion is rejected.

3. The plaintiff's claim against the defendants is dismissed.