(영문) 대구지방법원 2018.11.28 2018가단4779

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(영문) 대구지방법원 2018.11.28 2018가단4779

대여금

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1. The Defendant: (a) KRW 22 million to the Plaintiff, as well as 5% per annum from April 15, 2018 to November 28, 2018; and (b) the Plaintiff.

Reasons

1. The Plaintiff, in the deposit account opened in the name of ASEAN, remitted the Defendant a total of KRW 20 million on July 25, 201, and KRW 22 million on July 26, 201, respectively, to the Defendant, and lent a total of KRW 42 million to the Defendant (hereinafter “instant loan”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Defendant asserts that the instant lawsuit should be dismissed on the ground that the Plaintiff’s filing of a loan suit against the Defendant by the Daegu District Court 2015Kadan20770 on the instant loan (hereinafter “previous lawsuit”) and the judgment dismissing the claim became final and conclusive. The Plaintiff’s filing of the same lawsuit again is unreasonable and thus, the instant lawsuit should be dismissed.

The previous lawsuit is that the person who lent the loan of this case is the plaintiff C, and since the lawsuit of this case is the plaintiff himself, it cannot be seen that two lawsuits are identical to each other, the defendant's argument is rejected.

3. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff loaned KRW 42 million to the Defendant, and thus, the Plaintiff sought the return of the loan.

B. According to the above facts, the defendant is obligated to pay KRW 42 million to the plaintiff, barring any special circumstances. 2) The defendant subrogated for KRW 20 million to the plaintiff's D Co., Ltd. (hereinafter "D"), and at the time, the defendant paid KRW 60 million to the plaintiff's his/her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her/ her her her her/ her her her her/ her her her her/ her her her her

If the argument of subrogation is added to the whole purport of the argument in each statement of the evidence Nos. 1, 2, and 4 (including the paper number), the plaintiff operated D agency in the name of his/her father E, and ② the defendant is an affiliated company of D on December 30, 201.

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