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(영문) 의정부지방법원고양지원 2019.07.18 2018가단78837
대여금
Text

1. Defendant C Co., Ltd.: 150,000,000 won for the Plaintiff and 15% per annum from August 2, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On March 25, 2011, the Plaintiff, as a director of Nonparty D Co., Ltd. (hereinafter “D Bank”), transferred KRW 82 million from its D Bank’s account to D Bank’s account (E), and withdrawn it as G Bank’s check, a bank’s transaction bank.

In addition, the said check was delivered to I through H, an employee, who is the Defendant’s employee.

B. On April 19, 2011, the Plaintiff transferred KRW 68 million to Defendant C’s account (JJ).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Part of the claim against the defendant B

A. On March 201, Defendant B, the actual operator of Defendant C’s assertion, sought to the Plaintiff and tried to develop the forest located in Gyeonggi-gun, Gyeonggi-do (hereinafter “instant forest”) with a successful bid, and the Plaintiff loaned KRW 15 million to Defendant B as a check, and Defendant B used the said check as a bid deposit for the auction of the instant forest, and transferred the remainder of KRW 68 million to Defendant C’s account at Defendant B’s request.

Therefore, Defendant B is obligated to pay the Plaintiff the sum of the above loans KRW 150 million and the damages for delay.

B. On the basis of the judgment, the fact that the check of KRW 82 million that the Plaintiff withdrawn and delivered to Defendant C was delivered to Nonparty I, an employee of Defendant C, (Article 7 of the Evidence of subparagraph A, however, it is reasonable to view that H is an employee of Defendant C, which is an employee of Defendant B), and the fact that the Plaintiff remitted KRW 68 million to Defendant C’s account, as seen earlier, is insufficient to recognize that the Plaintiff entered into a monetary loan agreement with Defendant B and delivered the above money to Defendant B, and there is no other evidence to prove otherwise.

Defendant B, even though the Plaintiff asserted that the check was used as the bid bond of Defendant C with respect to the said check.

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