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(영문) 의정부지방법원고양지원 2014.06.19 2012가단46104
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. On June 4, 201, Defendant B received KRW 28 million from the Plaintiff to the account in the name of D designated by Defendant C. On November 28, 2011, Defendant B transferred KRW 25 million to the account in the name of Defendant B. On November 28, 201, Defendant B received KRW 10 million from the Plaintiff to the Defendant C’s account and received KRW 63 million in total from the Plaintiff, and Defendant C jointly and severally guaranteed the above loan obligations against the Plaintiff.

Therefore, the defendants are jointly and severally liable to return the above loan to the plaintiff.

B. Defendant B’s assertion was merely invested by the Plaintiff in total of KRW 5 million ( KRW 28 million, which was deducted under the name of wire distribution, etc. received from the Plaintiff) from the Plaintiff ( KRW 28 million) on June 4, 201, and Defendant B was transferred to the Defendant C’s account managed by the Plaintiff, and was only used for performing the Plaintiff’s obligation after it was transferred to the Defendant C’s account, and there was no fact of borrowing money from the Plaintiff.

In addition, there is no fact that Defendant C has guaranteed any obligation to the Plaintiff by Defendant C.

2. Therefore, it is not sufficient to recognize that Defendant B borrowed money that Defendant B received from the Plaintiff, or Defendant C guaranteed Defendant C’s debt owed to the Plaintiff, solely on the basis of the descriptions of Dop, A1, and 2, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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