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(영문) 의정부지방법원 2015.10.23 2014가단47870

대여금 등

Text

1. As to KRW 27,500,000 and KRW 25,000 among the Plaintiff, Defendant B shall be from April 1, 2014 to December 5, 2014.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deeming confessions: Article 208 (3) 2 of the Civil Procedure Act;

2. Claim against Defendant C

A. Defendant C, a cause of the claim, operated D as Defendant B’s partnership business, and (i) borrowed KRW 25,00,000 from the Plaintiff as its partner loan and agreed to repay the said loan in installments by March 20, 2013; (ii) Defendant B, by deceiving the Plaintiff that he would transfer D’s skiing goods to the Plaintiff’s wife as the repayment name of the loan loan; and (iii) the Plaintiff paid KRW 500,000 as the down payment to the lessor while entering into a lease agreement to operate the ski shop. Defendant C asserted that the ski goods were owned by himself, thereby causing damage equivalent to KRW 500,00,00 as the down payment.

B. (1) The Plaintiff’s claim against Defendant C is premised on the premise that both Defendant C operated D as a partnership with Defendant B. According to the Plaintiff’s evidence No. 2, the Plaintiff may acknowledge that the Plaintiff deposited KRW 15,00,000,000 of the above borrowed money into the Defendant C’s account. However, in light of the fact that Defendant C was in a relationship with Defendant B at the time, it is not sufficient to recognize that Defendant C was in a partnership with Defendant B solely based on the foregoing facts, and even based on the witness E’s testimony and other evidence submitted by the Plaintiff, it is insufficient to recognize the facts of the person involved in the partnership with the Defendants, and there is no other evidence to acknowledge this.

D. The facts that the Defendants paid KRW 15,00,000 out of the above borrowed money to Defendant C’s account are insufficient to acknowledge the facts that Defendant C borrowed the above money from the Plaintiff. There is no other evidence to support the fact that Defendant C borrowed money or agreed on the repayment.

Therefore, among the plaintiff's claims against the defendant C, the part of the claim amounting to KRW 25,00,000 is without merit.

Abstract. The Defendants are the Defendants.