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Reasons
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(영문) 서울중앙지방법원 2014.09.26 2013가단288061
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. Determination as to the cause of claim

A. The Plaintiff’s assertion that the Plaintiff loaned KRW 50,000,000 to the Defendant on or around April 10, 2012 upon the Defendant’s request by the Defendant requesting the lending of business funds. Around July 31, 2012, the Plaintiff leased KRW 35,00,000 to the Defendant on or around July 22, 2012 by setting the due date for repayment as 35,00,000 on or around July 31, 2013. The Defendant asserts that the Defendant is obligated to pay the Plaintiff a total of KRW 85,00,000 ( KRW 50,000,000) and damages for delay.

B. We examine the judgment: (a) After receiving KRW 50,00,000 from the Plaintiff on March 30, 2012, the Defendant paid KRW 50,00,000 from the Plaintiff on April 10, 2012; (b) the loan certificate stating the Plaintiff as KRW 40,00,000 due date; (c) the interest 3.75% (payment on the due date) on July 31, 2012; and (b) the loan certificate stating KRW 10,00,000 due date; (d) the loan certificate stating the loan certificate as KRW 35,00,000; and (e) the interest 3.75% (payment on the due date) on July 31, 2012; and (e) the Defendant has no dispute between the parties on June 22, 2012, the Defendant is obligated to pay KRW 85,000,500 (payment on the due date).

2. The defendant's assertion and judgment as to it

A. As to the defendant's assertion, the defendant borrowed money from the plaintiff to use it as the business fund of C, the representative of the company that the defendant originally worked for, and thereafter, the defendant and C agreed to assume the obligation to repay the above borrowed money. Since the plaintiff agreed to do so, the defendant did not bear the above borrowed money any more.

B. Determination is based on a contract with the obligee and the third party is entitled to take over the obligor’s obligation by contract with the obligee and discharge the obligor’s obligation. In this case, if the assumption of obligation is overlapped, it is indicated in the assumption of the obligation.

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