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(영문) 의정부지방법원 2018.07.13 2017가단18491
대여금
Text

1. Defendant C’s KRW 40,000,000 as well as 5% per annum from December 14, 2017 to July 13, 2018.

Reasons

1. Facts of recognition;

A. On April 1, 2011, the Plaintiff: (a) leased the seven-story cartels with D, E, and F, for the lease deposit of KRW 850 million; (b) monthly rent of KRW 14.5 million; and (c) on March 31, 2013, the Plaintiff purchased the said cartels and their sites after setting the lease deposit period of KRW 850 million; and (d) March 31, 2013.

B. On January 20, 2012 and July 4, 2013, the Plaintiff deposited KRW 30 million in total with Defendant C’s account, and KRW 30 million on February 20, 2012 with Defendant C’s account.

[Ground for Recognition] Facts without dispute, entry of Gap evidence 4 (including each number, hereinafter the same shall apply)

2. Determination:

A. The gist of the Plaintiff’s assertion was known to be the representative of Defendant C, and the Plaintiff received a request from Defendant C to pay the test money to be appropriated for the franchise monthly rent, and deposited KRW 60 million in the Defendants’ name.

B. The fact that the Plaintiff deposited a total of KRW 30 million on January 20, 2012 and July 4, 2013 each of KRW 15 million on the account under Defendant B’s name as to the claim against Defendant B is recognized.

However, according to the statement in Gap evidence No. 4, since the above KRW 30 million was received by Defendant C by borrowing only the account under the name of Defendant B, the above KRW 30 million cannot be deemed as a loan to Defendant B.

Therefore, the plaintiff's claim against the defendant B is rejected.

B. As to the claim against Defendant C, there is no dispute between the Plaintiff and the Defendant C on the fact that the Plaintiff lent the above KRW 15 million to Defendant C as to the KRW 15 million deposited on January 20, 2012 with Defendant B’s account. Thus, Defendant C is liable to pay the Plaintiff the above KRW 15 million and its delay damages.

As to this, Defendant C asserted that the above KRW 15 million was paid, and that Defendant C deposited KRW 5 million to the Plaintiff on June 20, 2012, and Defendant C paid KRW 5 million to the Plaintiff on January 2012, 2012, by adding up the whole purport of the pleadings to each of the statements in subparagraph 1-6 and subparagraph 2-2.

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