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(영문) 대구지방법원 2016.10.13 2016나1982
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On February 23, 2005, the Plaintiff transferred KRW 25,000,000 to the bank account in the name of Defendant D.

B. Defendant B and the co-defendant C of the first instance trial (hereinafter “C”) are married, and Defendant D is the father and wife of Defendant B and C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 16, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 25,00,000 to Defendant B and C at the request of Defendant C, who is the husband and wife, and Defendant D also borrowed this jointly, or jointly and severally guaranteed the above borrowed debt.

Therefore, the Defendants are jointly and severally liable with C to pay the above borrowed money and the accrued interest thereof to the Plaintiff.

B. The Defendants’ assertion C concluded an agency contract with E, a representative director of the Plaintiff, and invested KRW 450 million in the amount of KRW 450 million, and operated three trust management agencies at Pyeongtaek and Subdivision.

However, due to the mistake of the Plaintiff, the representative director, and G (Ms of the Plaintiff), who is the managing director, at the time of the company E, the management status of the company E was rapidly aggravated, and C also suffers a big loss. The Plaintiff paid C the above amount of KRW 25,00,000 as compensation for damages arising from the above circumstances, not lending the said money.

Even if the above KRW 25,00,000 is recognized as a loan, C merely borrowed the above money from the Plaintiff, the Defendants did not borrow it from the Plaintiff, and Defendant D did not stand joint and several sureties.

3. Determination

A. In light of the following circumstances, the Plaintiff’s transfer of KRW 25,00,00 to the deposit account in Defendant D’s name on February 23, 2005 to KRW 25,00,00 is paid as compensation for damages related to Company E.

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