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(영문) 수원지방법원 성남지원 2018.11.30 2018가단200692

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff

The plaintiff filed a claim for a loan to the defendant through C, with a total of KRW 75,00,000 for the construction cost of a new house in row. The defendant is obligated to pay the plaintiff KRW 75,00,000 and delay damages.

The claim C for damages due to a tort is that the defendant borrowed from the plaintiff, and the above money was acquired by deceiving 75,000,000 won to the bank account under the name of the defendant.

The defendant provided the defendant's bank account to C for the use of the defendant's bank account in money transaction, and the defendant also remitted part of the transferred money from the plaintiff to C's account. This is limited to where the defendant conspireds to commit fraud against the plaintiff, or aiding and abetting by intention or negligence.

Therefore, the defendant is liable to pay 75,00,000 won and damages for delay to the plaintiff as a joint tortfeasor for the crime of defraudation of C.

According to the statements in Gap's evidence Nos. 2 through 6 (including a serial number; hereinafter the same shall apply) as to the loan claim, the plaintiff remitted the amount equivalent to the interest claimed by the plaintiff to the bank account in the name of the defendant as of October 30, 2015, to KRW 20,00,000, and KRW 20,000 on May 22, 2017, and the amount equivalent to the interest claimed by the plaintiff after the date of transfer to the bank account in the name of the plaintiff was deemed to have been remitted to the remitter for a certain period, but the above evidence, Gap evidence No. 1, Eul evidence Nos. 7 through 11, Eul evidence Nos. 1, 8, the fingerprints appraisal result, the witness's fingerprints appraisal result, the whole purport of arguments as to witness C's testimony, and the circumstances revealed thereby, there is no evidence to find otherwise.

The plaintiff's claim for this part is without merit. A.

The Plaintiff is the Defendant.