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Reasons
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(영문) 창원지방법원마산지원 2015.09.03 2015가단1096
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B, around June 201, requires funds to take over the Defendant, and the Plaintiff loaned KRW 30 million to the Plaintiff. Accordingly, the Plaintiff, who paid KRW 30 million to the Defendant’s account, was informed of the Defendant’s account number.

B. On June 2, 2011, the Plaintiff deposited KRW 30 million to the Defendant’s account (Seoul bank) known by B.

C. On June 2, 2011, B, if the Plaintiff deposited the Defendant with the Defendant’s account, then B0 million won out of the deposit shall be settled with the Defendant’s repayment of its obligation, and the remainder KRW 10 million was paid to the Defendant.

Accordingly, on June 3, 2011, the defendant dealt with the amount of KRW 20 million out of KRW 30 million deposited into the defendant's account as stated in Paragraph (b) as the repayment of the defendant's debt to B, and paid the remainder of KRW 10 million to B on June 3, 201.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 11 (including additional numbers), the witness Eul's testimony and the purport of the whole pleadings

2. The plaintiff asserts that the judgment on the cause of the claim shall be returned to the plaintiff, since the plaintiff paid KRW 30 million to the defendant with the corporate acquisition fund, but the corporate acquisition did not take place, and since the defendant received KRW 30 million from the plaintiff without any cause, it shall be returned to the plaintiff.

However, according to the facts found above, the plaintiff lent KRW 30 million to B, who is not the defendant, and further, B agreed with the defendant that the defendant paid KRW 20 million out of KRW 30 million for debt repayment, and the remaining KRW 10 million was used by the defendant. The plaintiff's claim under the premise that the defendant either borrowed KRW 30 million from the plaintiff or benefiting KRW 30 million without any legal ground is without merit.

3. The plaintiff's claim for conclusion is dismissed for reasons.

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