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(영문) 서울중앙지방법원 2018.05.24 2017가단23156
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. The plaintiff's assertion

A. (1) On January 17, 2014, the Plaintiff was awarded a subcontract for the interior works of the C Hospital C Hospital Cancer Center from the Defendant and performed the interior works ordered by the Defendant during the period from around that time to April 2016.

(2) From April 10, 2015 to April 11, 2016, the Plaintiff loaned a total of KRW 132,410,000 to the Defendant as follows.

Postal loans of 10.4 10.10 5, 20.10, 200 ; 10.4 ; 20.10 ; 3.6 ; 0.0 ; 10.4 ; 0.6 ; 0.0 ; 0.0 ; 10.4 ; 0.0 ; 10.0 ; 15.00 ; 200 ; 10.4 ; 10.6 ; 16.0 ; 20.4 ; 10.6 ; 10.0 ; 10.4 ; 10.6 ; 10.4 ; 10.0 ; 10.10 ; 20.4 ; 10.10.6 ; 10.4 ; 20.6 ; 10.10. 10. 10. 20

(4) Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 127,410,00 (132,410,000 - 5,000,000) and damages for delay.

B. (1) Although D, who is a director of the Defendant, did not request by the Defendant, the Defendant deceivings the Plaintiff, thereby deceiving the Plaintiff in the name of the Defendant. The amount of KRW 127,410,000.

(2) Since the above borrowing act of D concerns an objective execution of the defendant's business affairs in appearance, the defendant is an employer of D, who is obligated to compensate the plaintiff for damages of KRW 127,410,00 due to the above unlawful act.

2. Determination

A. (1) Determination as to the primary claim (1) refers to KRW 132,410,000, totaling 18 times from April 10, 2015 to April 11, 2016, as alleged by the Plaintiff, from the Plaintiff’s account to the Defendant’s account. On April 13, 2015, KRW 5,000,000, from the Defendant’s account to the Plaintiff’s account.

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