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(영문) 서울중앙지방법원 2019.11.27 2018가합589414
기타(금전)
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 plaintiff's assertion and judgment

A. The Plaintiff’s assertion that around July 29, 2014, the Plaintiff lent KRW 340,000,000 to Defendant B, the representative of the E-based company, exercising overall control over the construction and execution of the above-ground commercial building D, Jin-si, the due date for payment as of August 20, 2015 (hereinafter “instant loan”). Defendant C acquired all business rights, including the instant loan obligations, from Defendant B around June 2018, including the instant loan obligations, such business rights, such as the right to sell the above commercial building. Accordingly, the Defendants jointly and severally are liable to pay the Plaintiff the instant loan amounting to KRW 340,00,000 and delay damages therefrom.

B. According to the overall purport of the statements and arguments as to evidence Nos. 3 and 4, the Plaintiff was recognized as having lent KRW 340,00,000 to E Co., Ltd. on or around July 29, 2014, even though it was recognized that the period of reimbursement was set on August 20, 2015, and that the Plaintiff lent the instant loan to Defendant B only with the evidence submitted by the Plaintiff.

It is insufficient to recognize that Defendant C acquired all business rights to the above commercial building including the loan debt in this case, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

2. Thus, the plaintiff's claim against the defendants is without merit, and all of the claims are dismissed. It is so decided as per Disposition.

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