logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.08.23 2016가합102021
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (no dispute exists);

A. C is a person who operates a “D” company (hereinafter “B” company) as a main business entity in Brazil.

Brazil Company E Co., Ltd. (hereinafter referred to as “E”) as a domestic company and its original import transactions.

As a member of C, the Plaintiff became aware of the Defendant, a representative director, through the introduction of C.

B. On August 6, 2013, the Plaintiff remitted KRW 300 million to the Defendant’s account.

2. The parties' assertion

A. Plaintiff 1) The Plaintiff’s claim for the loan was made on August 6, 2013 upon the Defendant’s request that the KRW 300 million be set at an annual interest rate of 10% and lent to the Defendant on August 6, 2013. As such, the Defendant is obligated to pay the principal and interest of the loan to the Plaintiff. 2) Even if the Plaintiff’s claim for the return of unjust enrichment is not recognized, the Defendant received KRW 300 million from the Plaintiff without any

In addition, if the Plaintiff, as alleged by the Defendant, performed the obligation to pay the goods to Brazil Company E on behalf of the Plaintiff upon C’s request, the Defendant used the above KRW 300 million for personal purposes without depositing it into the E account, which constitutes deception.

Therefore, the plaintiff revoked the declaration of subrogation on the ground of fraud or mistake. Accordingly, the defendant is obligated to return the above KRW 300 million to the plaintiff.

B. The plaintiff's assertion is unfair, since it is merely a repayment on behalf of the defendant C for the obligation to pay the goods to Brazil company E at the request of the defendant C, and it does not lend the above KRW 300 million to the defendant.

3. Determination

A. There is no sufficient evidence to recognize that the Plaintiff lent the above KRW 300 million to the Defendant as alleged by the Plaintiff.

Rather, the following facts are recognized, and this part of the Plaintiff’s assertion is rejected.

① The Plaintiff and the Defendant become aware of business transactions through the introduction of C.

arrow