logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.10.21 2015가단34740
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 30,000,000 to the Defendant on January 20, 2015, at the Defendant’s request of C, his father.

(hereinafter “instant loan”). After that, the Plaintiff received KRW 19,00,000 from C. Of the above money, KRW 10,000,000 from C was appropriated for the repayment of other loan obligations owed to the Plaintiff, and the remainder of KRW 9,00,000 was appropriated for the repayment of the instant loan obligations.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 21,00,000 (= KRW 30,000,000 - KRW 9,000,000) and damages for delay.

B. The Defendant’s assertion: (a) lent the instant loan of KRW 30,000,00 to C; and (b) transferred the instant loan to the Defendant’s account used by C at the time.

Therefore, since the person who borrowed the instant loan from the Plaintiff is not the Defendant but C, the Defendant cannot respond to the Plaintiff’s request.

2. According to the overall purport of the statements and arguments in Gap evidence Nos. 1 through 4, the plaintiff was found to have remitted KRW 30,000,00 to the defendant using his own bank account (Account Number: E) on Jan. 20, 2015. However, the following circumstances acknowledged by the overall purport of each statement and pleading in Gap evidence Nos. 5 through 9 (including each number of serial numbers) are as follows: ① the plaintiff was not prepared with a loan certificate, ② the plaintiff transferred the loan of this case to the defendant, and ② there was no evidence to acknowledge that the loan of this case was lent to the defendant, not the defendant; ③ the plaintiff and the defendant have frequently traded money before the loan of this case; while the plaintiff and the defendant are not in accord with each other; and ④ the defendant has no special reason to borrow the loan of this case from the plaintiff.

arrow