(영문) 인천지방법원부천지원 2019.01.16 2018가단9717

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(영문) 인천지방법원부천지원 2019.01.16 2018가단9717

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. The summary of the cause of the Plaintiff’s claim was known to each other by introducing the Defendant from the main owner C while engaging in the insurance design business.

Defendant, through C, delivered KRW 20,000,000 from the Plaintiff on April 27, 2016 to the Plaintiff in cash, and for the same year.

7. Although the defendant received a transfer of KRW 30,000,000 from the company account in which he/she was in office and borrowed it, he/she did not pay it up to the day, and the defendant is obliged to pay 50,000,000 won to the plaintiff.

(hereinafter) According to the reasoning of No. 1 and No. 2 of the judgment of the Plaintiff’s claim on July 28, 2016, the Plaintiff transferred KRW 30,000,00 to the account in the name of the Dispute Resolution D on July 28, 2016, and the fact that the Defendant is the representative director of the Dispute Resolution D is recognized.

However, it is not sufficient to accept the Plaintiff’s claim for the repayment of loans against the Defendant as the party borrowing the above money constitutes the Defendant, and the evidence submitted by the Plaintiff alone is insufficient. Rather, the following circumstances, namely, the Plaintiff’s assertion, even if based on the Plaintiff’s assertion, upon the Plaintiff’s request from C to C, made cash amounting to KRW 20,000,00,00, which is recognized by considering the overall purport of the pleadings as a whole.

In addition, the plaintiff could not be held liable to the defendant merely because he received a loan certificate from the defendant or made no disposal document between the plaintiff and the defendant in the process, and there was no transfer of money to the defendant's personal account, and the plaintiff seems to have been considerably close to C. The plaintiff seems to have been in line with C's words only, and it appears that C's words will have been delivered and delivered, and even if the money of this case was lent for the purpose of the Dispute Resolution D, he could not be held liable to the defendant merely because he was the representative director even if the money of this case was transferred to the corporate account.

유사 판례

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