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(영문) 서울중앙지방법원 2016.11.23 2015가단205039

대여금

Text

1. The plaintiff's respective claims against the defendants are dismissed.

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

Reasons

The plaintiff alleged by the parties, asserting that D's total amount of loans of KRW 5 million on March 8, 2006, KRW 2 million on March 14, 2006, KRW 9.6 million on January 10, 2007, KRW 2 million on February 12, 2007, KRW 3 million on March 26, 2007, KRW 50 million on April 16, 2007, KRW 480,000 on April 30, 207, KRW 500,000 on May 30, 2007, KRW 28,300,000 on June 29, 2007, and the plaintiff jointly and severally lent loans of KRW 30,000 on June 29, 207 to the defendant C.

Judgment

The fact that D, the cause of the claim, was KRW 5 million on March 8, 2006, KRW 2 million on March 14, 2006, KRW 2 million on February 12, 2007, KRW 3 million on March 26, 2007, KRW 50,000 on April 16, 2007, KRW 480,000 on April 30, 207, KRW 500,00 on May 30, 2007, KRW 18,70,000 on June 29, 2007, KRW 18,000 on the loan claim to Defendant B, KRW 30,000 on May 15, 2015, and that there was no dispute between the parties to the loan and the parties thereto, or that there was no dispute between the Defendants around the time when D transferred the loan claim to the Plaintiff on May 15, 2015.

Therefore, unless there are special circumstances, Defendant B is obligated to return the borrowed amount of KRW 18.7 million to the Plaintiff.

As to the Plaintiff’s remainder of assertion, namely, the loan of KRW 9.6 million to Defendant B as of January 10, 2007 and the loan of KRW 9.1.2 million to Defendant C as of July 31, 2007 and August 29, 2007, the Defendants asserted that they received each of the above money from Defendant C, but they merely received each of the above money from Defendant D as a member of each fraternity for which D had been transferred at the time.

The evidence Nos. 6 through 10 is insufficient to acknowledge that D paid the above money to the Defendants as a loan, not a loan, even if it appears to the purport of the entire pleadings, even if it appears to the purport of the evidence submitted by the Plaintiff after the closing of argument. There is no evidence to acknowledge otherwise.

Therefore, this part of the claim is rejected.

Performance with respect to KRW 1,87 million.