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(영문) 서울중앙지방법원 2018.10.05 2017가합23337

대여금

Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Defendant B, along with Defendant C, operated a licensed real estate agent office in Seocho-gu Seoul, with the trade name of “F”.

Defendant D (Defendant B’s children) is a representative director of G Co., Ltd. (hereinafter “G”) with real estate development business purposes.

On May 28, 2014, the Plaintiff received from Defendant B the word “Hawon-gun H (hereinafter “H real estate”) this loan 1500 million won on February 1, 1500 and deposited KRW 150 million on the I’s account on May 29, 2014.”

On July 21, 2014, the Plaintiff deposited KRW 110 million with Defendant D’s account.

On November 18, 2014, the Plaintiff deposited KRW 100 million into Defendant C’s account.

The Plaintiff’s payment of G business funds shall be paid with each of the following amounts on the part of the Defendants as the business funds of G, and part of them shall be repaid.

On May 20, 2015, the Plaintiff deposited KRW 35 million into Defendant D’s account.

On June 2, 2015, the Plaintiff deposited KRW 40 million into Defendant D’s account.

On June 10, 2015, the Plaintiff deposited KRW 80 million into Defendant D’s account.

On June 23, 2015, the Plaintiff deposited KRW 50 million into the account of J (Defendant B’s husband) on June 23, 2015, but was returned KRW 20 million thereafter.

On July 30, 2015, the Plaintiff deposited KRW 74 million with Defendant D’s account, and thereafter, received a return of KRW 49,329,000 among them.

[Ground of recognition] The plaintiff's assertion that there is no dispute, Gap's evidence Nos. 1, 2, 3, 4, 11, 14, 15, 18, 19, 20, 21, 24, 25, 26, 29, 30, 31, and 60, and the purport of the whole pleadings as a whole, and the plaintiff's assertion that the plaintiff's claim for damages due to illegal acts, such as embezzlement of money entrusted for the purpose of financing a real estate security condition, embezzlement of money entrusted for the purpose of financing a real estate security condition, breach of trust, etc., is a large number of people who borrow real estate from the plaintiff.

In order to secure the principal of the right to collateral security on a good real estate in which the defendants receive money.