예탁금 반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff was granted a loan to the Defendant under his own name as follows.
E.C. C. 320 million won on Aug. 27, 2013, Oct. 16, 2013, 2013, KRW 450 million on Oct. 29, 2013, KRW 40 million on Oct. 29, 2013, the loan account number of the loan date that the Plaintiff received to the Defendant under his/her own name. < Amended by Presidential Decree No. 24284, Oct. 29, 2013>
B. On August 27, 2014, the Plaintiff prepared and issued to the Defendant a written confirmation with the following content.
The plaintiff, as a real borrower of KRW 27 billion (debtor F), has extended a guarantee letter issued by the defendant, has not yet been considered as a part of the guarantee letter issued by the defendant, which occurred to the defendant, and the following issues should be resolved:
On August 20, 2014, the Plaintiff is aware of the problems of the loan guarantee as of August 20, 2014, and is aware of the exact circumstances.
In addition, all measures should be taken to cause damage to the defendant.
First of all, the receipt of documents will be completed until August 28, 2014 so that 20 billion won of preferential beneficiary certificates in the name of the defendant can be issued to the good trusted, and 23.5 billion won of loans remaining in cash until September 5, 2014 can be repaid in full.
As the defendant does not cause damage, the defendant has an opportunity to grasp the truth and redeem cash.
C. On August 29, 2014, the Plaintiff deposited KRW 55 million in the account (Account Number: G; hereinafter “instant account”) opened with the Defendant in its own name. D.
On September 1, 2014, the Plaintiff instructed the Defendant to deliver KRW 90 million in cash to the Defendant’s employee I for the repayment of the loan interest that the Plaintiff owes to the Defendant, and H delivered KRW 90 million to the Defendant’s employee I.
E. On March 12, 2015, the Plaintiff submitted a written request to the Defendant to “request the Defendant to repay part of the interest on loans in the name of the Plaintiff.”
F. On April 1, 2015, the Plaintiff “the Defendant.”