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(영문) 의정부지방법원고양지원 2016.03.10 2015가단28152

대여금

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

Basic Facts

On March 2006, the Plaintiff was introduced by C, who is a partner of the D Business (hereinafter referred to as the “eter Business”).

On March 29, 2006, the Defendant entered into a contract for the sale of goods with G, an individual entrepreneur engaged in the manufacturing business, such as C, using the trade name of “E”, to pay KRW 300,000,000,000, the deposit amount of KRW 50,000,000, and the LC price opened from the Philippines after loading with the Incheon Port on March 29, 2006, respectively, to pay KRW 220,00,00,00, and the defect guarantee amount of KRW 30,00,00,00,00 after the loading with the Incheon Port.

(2) On March 29, 2006, the Plaintiff transferred KRW 50,000,000 to the new bank account of G written by the Defendant, and KRW 50,000,000,000 on April 3, 2006, KRW 20,000 on April 4, 2006, and KRW 50,00,000 on April 5, 2006.

[Ground of recognition] A. 2 through 4 (including the number of branch offices), and the Plaintiff’s claim for loans in accordance with the purport of the entire pleadings, the Plaintiff asserts that the Defendant is liable to repay the above loans to G, as it lent KRW 50 million to the Defendant in such a way that the Defendant pays the down payment to G in lieu of the contract deposit to be paid to G according to the instant goods sales contract.

According to the above facts as to whether the Plaintiff lent KRW 50,00,000 to the Defendant, the parties to the instant goods sales contract are acknowledged as having paid KRW 50,00,000 to G, which the Plaintiff is obligated to pay to G. However, on the other hand, the following circumstances, which can be known by considering the overall purport of the pleadings in the written evidence Nos. 1, 20, and 29, namely, the Plaintiff was aware of the Defendant through the introduction by a member of the Plaintiff who had a common friendship, and around March 2006, C around March 2006.