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(영문) 수원지방법원성남지원 2020.11.26 2019가단208150
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a company with the purpose of logistics warehouse storage business. The defendant is a company with the purpose of land cargo transportation business, etc., and C is the plaintiff company and D's representative respectively.

B. On March 20, 2018, the aforementioned C and D prepared a movable property security agreement (Evidence 1) with the content that “A and D shall set the maturity of KRW 500,000,000 to E as security on July 21, 2018 under an interest agreement of 2% per month, and shall transfer the ownership of the clothes offered as security if the reimbursement is not made by the due date, to E,” and lent KRW 500,000,000 in total to E.

C. E sold the above clothing stored in the Plaintiff’s logistics warehouse through online shopping mall and decided to repay the loan to consumers with the proceeds of the loan, and as a situation where it is difficult to repay the principal and interest of the loan due to the low payment of clothing sales, E requested C to extend the repayment of the loan by selling the above clothing offered as security to other distributors in a lump sum and requesting C to request C to permit the extension of the payment period.

On the other hand, D who did not return the money borrowed from E after the due date, urged C to pay the money, and C, on July 21, 2018, remitted KRW 250,000,000 from the Plaintiff Company Account represented by C to the Defendant Company Account with D’s representative.

E. At around August 27, 2018, E repaid KRW 100,000,000 out of the loans to D, and D transferred this to the Plaintiff Company’s account.

F. After doing so, E has fully repaid KRW 250,00,000 borrowed to C, but D has failed to repay the remainder of KRW 150,000,000, excluding the remainder of KRW 100,000 as above.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, Eul evidence Nos. 1 and 2, witness E's testimony, and purport of the whole pleadings

2. The parties' assertion and judgment

A. Summary of the Parties’ assertion (1)

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