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(영문) 수원지방법원 안산지원 2018.06.27 2017가단61105

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. On March 18, 2015, the Plaintiff asserts that the Plaintiff lent KRW 40 million to the Defendant on March 18, 2015. According to each of the evidence Nos. 6 and evidence Nos. 4-3, the Plaintiff may recognize the fact that the Plaintiff withdrawn KRW 40 million on March 18, 2015. However, there is no evidence to prove that the Plaintiff paid or lent the said money to the Defendant.

B. (1) Determination on the part of the lease deposit KRW 70 million (1) was made on April 30, 2014, the Defendant asserted that the Plaintiff’s Defendant entirely managed the lease contract, etc. for the studio building on the ground D, Ansan-si, which is the Plaintiff’s husband. However, on April 30, 2014, the Defendant deposited only KRW 5 million to the Plaintiff, inasmuch as the Plaintiff set the lease deposit for KRW 301 out of the above building as KRW 40 million, and on January 23, 2015, the Plaintiff set the lease deposit for KRW 203 out of the above building as KRW 35 million.

Therefore, the defendant is obligated to pay C the above amount of KRW 70 million with unjust enrichment return or damages. Since the plaintiff acquired the above amount of claims from C, the defendant is obligated to pay the above amount of money to the plaintiff.

Even if the above assignment of claims is null and void, the actual party of the above lease is the plaintiff, and the defendant is obligated to pay the above money to the plaintiff.

(2) According to the overall purport of Gap evidence Nos. 3, 5, Eul evidence Nos. 2-2, and Eul evidence Nos. 3, and Eul evidence Nos. 2-3, and the whole purport of the pleadings, Eul owned the above Nos. 203 and 301 and completed the registration of ownership transfer to GIST on February 28, 2017, and Eul, as a broker of the defendant, determined that the security deposit of 301 out of the above building is KRW 40 million to E on April 30, 2014, and leased Nos. 203 among the above building as KRW 35 million to F on January 23, 2015; the fact that the Plaintiff’s bank account number is stated in the column for special agreement with F, the Defendant stated the above security deposit from April 30, 2014 to May 7, 2014 to E40 million.