(영문) 서울중앙지방법원 2015.10.15 2014가단214821

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(영문) 서울중앙지방법원 2015.10.15 2014가단214821

대여금

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1. As to the Plaintiff’s KRW 13,00,000 and its KRW 3,000 among them, Defendant C shall be from May 16, 2008 to November 25, 2014.

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff alleged that the Plaintiff lent the sum of KRW 40 million to Defendant B from February 17, 2012 to March 15, 2012, and sought payment of the said amount.

B. In the event of a transfer of money to another person’s deposit account, etc., the remittance may be made based on various legal causes. Therefore, the fact that the money transferred by the plaintiff to the defendant is a loan under a monetary loan contract shall be proved by the plaintiff who asserts that the money was transferred to the defendant.

According to the health account and evidence No. 1, the Plaintiff’s transfer of KRW 20 million to the bank account under the name of the Defendant, KRW 5 million on February 18, 2012, and KRW 15 million on March 15, 2012 is recognized, but there is no other evidence to acknowledge that the said money was paid as a loan for consumption.

Rather, according to the purport of the entire pleadings, the Plaintiff and Defendant B jointly carried out the business of lending money as security and receiving interest from the obligor, and the fact that the Plaintiff transferred money to Defendant B as above can be acknowledged that it was used as funds for lending the money to the obligor who provided the vehicle as security. Therefore, it is reasonable to deem that the money the Plaintiff remitted money to Defendant B was an investment in the partnership relationship between Defendant B and the obligor.

Therefore, the Plaintiff’s assertion seeking the return of the loan is without merit on the premise that the Plaintiff lent the money to Defendant B as above.

2. Determination as to the claim against Defendant C

A. A. Around May 2008, the Plaintiff indicated the claim that the amount of KRW 3 million loaned to Defendant C on May 15, 2008 and the above amount of money that Defendant C arbitrarily used around 2010,000 won of the Plaintiff’s money.

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

참조조문

-민사소송법 제208조 제3항 제2호

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