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(영문) 대전지방법원서산지원 2014.12.03 2014가단2374

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that C had a pro rata may lend money to the defendant in operating the gas station to the defendant, and the defendant was issued a check on May 8, 2008 and lent KRW 44,975,000 to the defendant through C. On November 23, 2009, the plaintiff loaned KRW 44,975,000 to the defendant.

When lending money, it is common to transfer money to the account in the name of the borrower for the remaining evidence, and if C borrows money, it is not necessary to show that there is a financial ability to repay money to the principal station operated by the defendant who is the plaintiff.

Therefore, the defendant should pay to the plaintiff the borrowed amount of KRW 64,975,00 and damages for delay.

2. The key issue of the instant case is whether the other party who lent money to the Plaintiff is the Defendant and the mother of the Defendant.

It should be interpreted that it conforms to the ideology of social justice and equity by comprehensively examining the motive and circumstance in which the Plaintiff borrowed money, the purpose and genuine intent to achieve through the lending of money, the transaction practices, etc.

In light of the above legal principles, the following circumstances, which can be acknowledged by the health team, the evidence submitted by the plaintiff and the defendant, and the purport of the entire pleadings, are as follows: ① The Plaintiff’s lending of money in this case arises from a pro-friendly relationship with C; ② the Plaintiff appears to have remitted money to the Defendant’s account upon C’s request; ② there appears to have been no direct contractual relationship with the Defendant at the time of lending money; ③ the Defendant’s use of money was merely the motive for C to borrow money from the Plaintiff; ③ The purpose of the Defendant’s operation of the gas station is merely the motive for C to borrow money from the Plaintiff; and ③ it cannot be readily concluded that C is not a party who borrows money from the Plaintiff for that purpose; ④ the Plaintiff’s lending of money