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(영문) 서울서부지방법원 2017.01.13 2016나3229
대여금
Text

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

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

purport, purport, and.

Reasons

1. Summary of the plaintiff's assertion

A. On March 27, 2011, the Plaintiff lent the above money to the Defendant by means of remitting KRW 4,000,000 to the account under the name of the Defendant C upon the request from the Defendant B, who was known to Pyeongtaek, to lend the expenses of the Defendant C’s hospital that was hospitalized in the hospital due to an industrial accident.

B. The Plaintiff introduced the labor company D to Defendant B, and the Defendant B entered into a contract to delegate the affairs related to the claim for industrial accident insurance benefits of Defendant C (hereinafter “instant delegation contract”). The Defendants entered into a verbal agreement with D to pay KRW 4,000,000 under the instant delegation contract, and then, the Defendants, on June 222, 2011, remitted the amount of KRW 2,000,000 out of the retainer to the Plaintiff to D, and delivered the amount to the Plaintiff. The remainder of KRW 2,00,000,000 to the Defendants on July 19, 201 upon Defendant B’s request.

2. Determination

A. On March 27, 2011, the Plaintiff asserted that the Plaintiff transferred the above money to the bank account in the name of the Defendant C by remitting KRW 4,000,000 to the Defendant’s bank account on March 27, 2011, taking into account the overall purport of the pleadings as to whether the Plaintiff lent the money to the Defendants, i.e., the following circumstances, namely, ① the Plaintiff transferred the above money as Defendant B’s hospital expenses are urgently needed. However, the Defendant C received hospital treatment due to industrial accident around August 2010 and March 14, 2011, and Defendant C was hospitalized in the hospital as of March 27, 201, and Defendant C was also at the time of the Plaintiff’s transfer from March 14, 2011 to the Plaintiff’s assets to the Plaintiff’s account at the time of borrowing the money. In light of the following circumstances, Defendant C’s cash transfer from March 14, 2011 to the Plaintiff’s assets.

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