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(영문) 광주지방법원 2015.03.20 2014가합5991
차용금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment as to the primary cause of claim

A. The Plaintiff’s assertion 1) from February 13, 2003 to March 20, 2008, the Plaintiff loaned KRW 632,00,000 to the Defendant under the name of election fund, etc. The Defendant paid only a part of the amount of KRW 130,000,000 among them, and did not repay the remainder of the loan. (2) The Plaintiff agreed to reduce part of the loan and receive KRW 400,000,000 by reducing the loan amount.

3) Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 400,000,00 and the delay damages therefor. (B) In light of the fact that the Defendant’s wife written a notarial deed of a loan for consumption with respect to KRW 400,000 (Evidence 1) with respect to the Plaintiff, that the obligor in the name of the Plaintiff, which was established in the real estate owned by the Defendant, was C, and that C paid part of the loan and interest to the Plaintiff, it is insufficient to recognize that the Plaintiff lent KRW 632,00,000 to the Defendant solely based on the entries including the serial number and the testimony of the witness D, and there is no other evidence to prove otherwise.

Therefore, since the defendant cannot be deemed as the debtor of the loan against the plaintiff, the defendant's primary claim against the plaintiff under the premise that the defendant is the debtor against the plaintiff is without merit.

2. The plaintiff alleged that the plaintiff's claim against the non-party C was subrogated to the defendant's claim for the loans against the non-party C as preserved right, so it is insufficient to recognize that the evidence submitted by the plaintiff alone was lent to the defendant, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's conjunctive claim, which is premised on C's claim for loans to the defendant, is without merit.

3. The plaintiff's main and ancillary claims are all without merit, and they are dismissed.

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