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(영문) 서울중앙지방법원 2018.11.09 2018나26177
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff was a person operating Rotterdam fishery, and was first aware of the Defendant, who was an employee of the cocks Day Co., Ltd. in the transactional relationship around 2002.

B. The Defendant worked from March 2008 to December 2009 as Libysian Corporation Corporation D, and the Plaintiff had been ordered to build multiple store interior interior decoration works from the said company for the same period.

C. The Plaintiff transferred total of KRW 166,449,550 to the Defendant’s new bank account in the name of the Defendant’s wife C by transferring money to the Defendant’s new bank account in the following table nine times.

The amount of transfer date (won) 1 March 34, 200, 842, 500 on April 15, 200, 200 on April 15, 200, 200 on April 15, 200, 300 on April 13, 2009; 422, 200 on June 13, 2009; 5, 16,906,00 on July 3, 200 on July 3, 2005; 22,621, 825, 7, 257, 200 on August 26, 200 on August 22, 2009;

D. Meanwhile, on March 4, 2009, KRW 4,842,500 was remitted from the new bank account under the above C’s name to the Plaintiff’s account.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 2 (the evidence numbered shall include each number), the result of the personal examination of the plaintiff, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff lent KRW 166,449,550 to the Defendant by means of remitting KRW 166,49,550. The Defendant paid only KRW 4,842,50, which is a part of the loan, and thus, sought the return of KRW 161,60,050, which is the remainder of the loan.

B. The Defendant did not have concluded a monetary loan contract with the Plaintiff, and only received money in return for the Plaintiff’s help to receive the store interior interior interior work from Lyspian Corporation.

3. Determination

A. A. A loan for consumption is established when one of the parties agrees to transfer the ownership of money and other substitutes to the other party, and the other party agrees to return the same kind, quality and quantity (Article 598 of the Civil Act). As such, the parties agree to the above point.

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