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(영문) 부산지방법원동부지원 2016.08.09 2016가단200127
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's summary of the plaintiff's assertion seeks payment of KRW 24.5 million to the defendant as follows.

On August 15, 2014, the Defendant: (a) delegated the Plaintiff’s son and the Plaintiff’s former spouse to operate a D gas station; and (b) drafted and delivered the loan certificate (Evidence A No. 1; hereinafter “the loan certificate of this case”) to the Plaintiff via C with the loan amount of KRW 25 million and the interest rate of KRW 25 million.

B. Accordingly, the Plaintiff remitted each of the Defendant’s accounts KRW 19.5 million on August 19, 2014, and KRW 5 million on October 10, 2014.

C. Therefore, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 25 million and the agreed interest.

2. We examine whether the Defendant entrusted C with the preparation and issuance of the loan certificate of this case, and examine the following circumstances, i.e., whether the Defendant, who is aged 82, borrowed C only the name of the Defendant without operating the D station, and C actually was aware of the fact that C was operating the above station under the name of the Defendant, ii) the Plaintiff lent money at the request of C with the Defendant, and C did not have any authority to verify delegation of the Defendant to prepare the loan certificate of this case under the name of the Defendant, iii) the Plaintiff was aware of the fact that the Defendant, who is aged 82, was using the loan certificate of this case in consideration of the relationship with C, and was given the obligation to pay the loan of this case to C at his own discretion, and the Plaintiff appears to have used the loan certificate of this case under the name of C without preparing the loan certificate of this case under the name of the Defendant.

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