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(영문) 수원지방법원성남지원 2017.05.26 2016가합201858

대여금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. From around 2002, the Plaintiff is a person who had been working in Samsung Securities as G and assisted investment in investors’ net H. The Defendants are the successors of the network H.

B. On October 31, 2006 and February 9, 2007, the Plaintiff withdrawn a total of KRW 2 billion from the point of Samsung C&K branch of the National Bank of Korea, and around that time, delivered a total of KRW 1 billion to Defendant D, who is the deceased H’s father’s father. On December 27, 2007, the Plaintiff remitted KRW 2 billion to the account under the management of Defendant B, who is the wife of the deceased H, to the account in the name of Korea under the management of Defendant B.

In addition, on May 31, 2007, the amount calculated by adding approximately KRW 1 billion in cash of KRW 1,280,000,000, including KRW 1,280,000 in cash and KRW 1,280,000 in cash, to Defendant D on May 31, 200, or KRW 1,001,52,905 inasmuch as the Plaintiff claimed the return of KRW 1 billion in cash.

the certificate was issued.

C. Ultimately, the money that the Plaintiff delivered to the deceased H through Defendant D and B is a total of KRW 5 billion (hereinafter “instant money”).

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 4, and 6, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion 1) The primary cause of claim is ① (a) the Plaintiff lent KRW 5 billion to the Plaintiff through Defendant D, who received comprehensive power of representation from the Plaintiff in around 2006, and thus, the Defendants, who succeeded to the Plaintiff, are obligated to pay to the Plaintiff the amount calculated in proportion to each inheritance share of KRW 5 billion out of the above loan 5 billion. ② Even if Defendant D was unable to obtain the power of representation as to the conclusion of a monetary loan agreement from the network H, the expressed agent under Article 126 of the Civil Act is established. As such, the Defendants, who succeeded to the network H, are obliged to pay the amount indicated in the foregoing paragraph (1) to the Plaintiff. (2) If Defendant D, without authority, entered into a monetary loan agreement with the Plaintiff on behalf of the Plaintiff, and further did not establish an expression agent, Defendant D is also obligated.

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