logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.08.18 2015가단82347
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties’ assertion asserts that the Plaintiff, from December 24, 2012 to November 19, 2014, remitted the sum of KRW 41,800,00 to the Defendant, and that the Plaintiff, instead of the Defendant, received a loan from a financial company, and decided to repay the loan to the Defendant, and the Defendant paid the loan to the Defendant, but the Defendant suspended the repayment of the principal and interest, and the Plaintiff repaid the principal and interest on behalf of the Defendant around April 20, 2015, on behalf of the Plaintiff, that the Defendant is liable to return it to the Plaintiff, or that the Defendant is liable to repay the said KRW 46,312,684.

In regard to this, the defendant asserts that the money claimed by the plaintiff is entirely lent to or invested in C, not the defendant, and that the defendant is not obliged to pay.

2. The Plaintiff: (a) borrowed KRW 41,800,000 from December 24, 2012 to November 19, 2014 in the name of the Defendant; (b) borrowed KRW 27,00,000 from the Asian Savings Bank on May 2, 2013; (c) borrowed KRW 20,000,000 from the HK Savings Bank on May 2, 2013; and (d) borrowed KRW 10,00,00,000 from the right-holder loan on May 3, 2013 to KRW 7,00,00,000,000 in total from May 3, 2013 to KRW 64,000 in total from May 3, 2013 to KRW 64,000,000 in total; or (d) transferred money from the Plaintiff on May 3, 2013 to Defendant 24,2015.

However, the following circumstances, which are acknowledged by comprehensively taking account of the entries in the above facts of recognition Nos. 1 through 13 and the testimony and the purport of the entire pleadings by the witness C, namely, ① the defendant invested his money in the business of C, and the plaintiff introduced them to the plaintiff and submitted a business plan that C proceeded with by asserting that the plaintiff lent or invested the above money through the defendant's account. ② The plaintiff is the plaintiff.

arrow