대여금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the facts acknowledged as to the cause of the Plaintiff’s claim and the purport of the entire pleadings as to the Plaintiff’s evidence No. 1, the Plaintiff may recognize the fact that, between February 17, 2014 and August 22, 2014, the Plaintiff loaned KRW 35,000,000 to Nonparty C, who operated the legal office as an attorney-at-law and the Defendant who worked as the office manager of the pertinent office, on five occasions (hereinafter “instant loan”); Nonparty C and the Defendant jointly signed by the borrower and Defendant on August 22, 2014, with the borrower as of September 1, 2014 as the joint signature of Nonparty and Defendant 2, the Plaintiff issued a certificate of borrowing KRW 35,00,000 until September 1, 2014.
2. Judgment on the defendant's defense for repayment
(a) In full view of each of the statements and the whole purport of the pleadings set forth in sub-paragraphs 1 through 7 (including branch numbers, if any) of sub-paragraphs B, the following facts can be recognized:
(1) On January 19, 2015, the Defendant remitted KRW 4,000,000 to the Plaintiff’s account of community credit cooperatives with the repayment of the instant loan obligation. On September 2, 2015, Nonparty C wired KRW 2,00,000 to the Plaintiff’s bank account as the repayment of the said loan obligation.
on May 18, 2015, Nonparty C entered into a delegation agreement with the Plaintiff regarding a loan claim lawsuit filed by the Plaintiff against Nonparty E (Seoul Central District Court 2015Kadan131855) and a real estate provisional attachment application case (the same court 2015Kadan3973), with which the retainer fee is KRW 9,000,000, and the contingent fee is KRW 10,000,000, and agreed to offset the retainer fee and the contingent fee claim against the debt of this case.
The above case of application for provisional seizure against Nonparty E was cited on June 8, 2015, and the above case was also finalized upon the quoted judgment on December 11, 2015.
Fidelity, on June 1, 2016, the Plaintiff filed a lawsuit against the Defendant and Nonparty C seeking payment of KRW 35,000,000, which is the full amount of the instant loan, by Seoul Central District Court Decision 2016Kadan68275.
Accordingly, the defendant is the defendant.