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(영문) 광주지방법원 2018.09.12 2017가단521589

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The description of the grounds for the change in the specification of the claim;

2. Recognizing the fact that the Plaintiff paid to Defendant B the money as stated in the changed cause of the claim (hereinafter referred to as “instant money”) in the attached Form does not conflict between the parties.

3. As to the primary claim, the Plaintiff asserted that the instant money paid to Defendant B was a loan, but there is no evidence to acknowledge it.

Unless a loan claim against Defendant B is recognized, it is unnecessary to further examine the assertion that Defendant C guaranteed Defendant B’s loan obligation.

4. As to the first preliminary claim

A. The plaintiff asserts that if the amount of this case is not a loan, the defendant B should return it to the plaintiff with unjust enrichment since it was acquired without any legal ground.

However, in this case, the Plaintiff paid the instant money to Defendant B, and the Plaintiff did not have revealed the cause for the Plaintiff to pay the instant money to Defendant B, and it cannot be deemed that Defendant B made unjust enrichment.

B. In addition, the Plaintiff asserts that among the instant money, KRW 43.2 million transferred to Defendant C’s account was unjust enrichment by Defendant C. However, even according to the Plaintiff’s assertion, the said money was transferred to Defendant C’s account for payment to Defendant C. Thus, it cannot be deemed that Defendant C, who provided its account for the Plaintiff’s convenience, was unjust enrichment.

The plaintiff's assertion on this part is without merit.

5. As to the second preliminary claim, the Plaintiff asserted that the Defendants had taken money of this case by deceiving the Plaintiff, but there is no evidence to acknowledge such assertion.

The plaintiff's assertion on this part is without merit.

6. Conclusion, the plaintiff's claim of this case is all dismissed as it is without merit.