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(영문) 의정부지방법원 2016.08.12 2014가단51237

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 parties' assertion

A. On November 16, 201, the Plaintiff asserted that: (a) transferred KRW 25,000,000 to the bank account under Defendant C’s name at the request of Defendant B (hereinafter “instant money”); (b) at the time, Defendant C was the principal debtor of the instant loan; and (c) Defendant B was the joint and several sureties.

Since then, although the Plaintiff requested the Defendants to repay the instant money several times, the Defendants did not pay the amount up to now. The Defendants are jointly and severally liable to pay the Plaintiff KRW 25,00,000 and delay damages.

B. Defendant C did not borrow the instant money from the Plaintiff, and Defendant C did not have any joint and several sureties with respect to the return of the instant money.

2. Determination

A. On November 16, 201, the fact that the instant money was remitted from the account under the Plaintiff’s name to the account under the Defendant C from November 16, 201 is either a dispute between the parties, or may be recognized by the entry of the evidence No. 1.

B. If there is a dispute between the parties as to the nature of the money given as in the instant case, the Plaintiff is responsible for the return of the money.

However, the following circumstances, which can be acknowledged without dispute between the parties or by comprehensively taking account of the purport of the statement in the evidence No. 3 and the entire argument, that is, the Plaintiff did not receive a loan certificate from the Defendants while remitting the instant money to Defendant C, that is, the Plaintiff and the Defendants did not completely determine the maturity or interest for the instant money, and that the Plaintiff was aware of the fact that Defendant B was in a bad credit condition at the time of the Plaintiff’s assertion, and that it is not persuasive that Defendant B was established as a joint guarantor and lent the instant money to Defendant B and did not receive a loan certificate, etc.