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(영문) 수원지방법원 2017.08.22 2016나18231

대여금 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The assertion and judgment

A. As to the Defendants’ claim amounting to KRW 45 million, the Plaintiff asserted that around 2011 or around 2012 lent KRW 65 million to the Defendants, and sought payment of KRW 45 million after deducting KRW 20 million already received on September 19, 2012.

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 4, Defendant B agreed to raise funds for the plaintiff engaged in the manufacturing business of semiconductor parts, etc. from July 9, 201 to December 7, 2011, and received 69 million won in total from the plaintiff as the account of the defendant C’s account. Defendant B agreed to pay 10 million won including 65 million won out of the above money paid to the defendant B for expenses, and Defendant B already agreed to pay 30 million won to the plaintiff on December 7, 2011. Defendant B agreed to pay damages for delay after deducting 69 million won from the above money paid to the defendant B for expenses. Defendant B agreed to pay 30 million won to the plaintiff on June 15, 2012.

However, only the above recognition alone, Defendant B borrowed all of KRW 65 million paid for the security purpose.

It is insufficient to view that Defendant C promised to return or return, and there is no other evidence to acknowledge it, and Defendant C borrowed the money deposited only with the deposited expenses in the account of Defendant C.

Since it cannot be deemed that the Plaintiff promised to return or return, the remainder of the Plaintiff’s assertion is without merit.

Therefore, from August 31, 2012 to September 20, 2016, Defendant B’s defense as to the existence and scope of the obligation by Defendant B, which is the date of the judgment of the first instance court, to the Plaintiff.