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(영문) 대전지방법원 2015.06.03 2015가단7395

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Upon the Plaintiff’s assertion C, he/she became aware of the Defendant’s two times of lending money to the Defendant, and upon the Defendant’s agent’s demand that he/she borrowed money and demanded that he/she enter into a contract for collecting scrap metals E, he/she shall deposit KRW 3 million in the bank account under the Defendant’s name on July 8, 2014, and deposit the remainder of KRW 13 million into the bank account under the Defendant’s name as the Defendant’s child. As such, the Defendant is obligated to pay to the Plaintiff the amount of borrowed money to KRW 3 million and damages for delay calculated at the rate of 25% per annum from July 8, 2014 to the date of full payment.

B. The defendant's assertion does not confer the power of representation on D with respect to the above loan. Thus, the plaintiff's assertion is without merit.

2. Comprehensively taking account of the written evidence Nos. 1 and 2 as well as the purport of the entire pleadings in the testimony of the witness C, the Defendant’s son prepared a loan certificate stating that “the Defendant borrowed 3 million won from the Plaintiff on July 8, 2014 to the interest rate of 10% per annum” and delivered it to the Plaintiff. The Plaintiff may recognize the fact that the Plaintiff deposited 3 million won into the bank account under the Defendant’s name on July 8, 2014.

Furthermore, as to whether the Defendant granted the right of representation to D with respect to the above three million won loan, the following circumstances are acknowledged by the evidence presented above: (i) the Plaintiff, upon introduction, lent and received each of the above five million won and two million won loan to the Defendant; (ii) C, “the Defendant borrowed and borrowed 16 million won” from D; (iii) the Plaintiff requested the Plaintiff to lend KRW 16 million to the Plaintiff; (iv) the Plaintiff received a certificate of loan written by D; and (v) deposited the bank account under the name of the Defendant with KRW 3 million and the bank account in the name of D; and (v) the Plaintiff paid each of the remaining KRW 13 million.