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(영문) 수원지방법원 성남지원 2018.06.19 2017가단20295
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Upon receipt of the request from Nonparty C (hereinafter “Nonindicted Party”), the Plaintiff asserted that the Plaintiff leased KRW 30,000,000 to the account opened in the name of the Defendant on November 20, 2010, and granted KRW 1,000,000 to the Nonparty by means of cash delivery to the Nonparty.

At the time, the Nonparty transferred money to the Defendant’s account under the name of the Defendant, and the Defendant appears to have used the said money for the Defendant’s business as the Nonparty’s partner of the Nonparty’s children.

In light of all the circumstances such as such loan circumstances, the defendant guaranteed the non-party's above loan obligation against the plaintiff. Thus, the defendant is obligated to pay the plaintiff the above KRW 31,00,000 and interest or delay damages.

2. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff remitted 30,000,000 won to the account under the name of the defendant around November 20, 2010 and November 21, 2010.

However, even according to the Plaintiff’s assertion, the transfer of money to the Defendant’s account under the name of the Nonparty was made while lending money to the Nonparty, and even considering all the circumstances of the Plaintiff’s assertion, it cannot be recognized that the Defendant guaranteed the Nonparty’s obligation at the time of the said lending solely based on the evidence submitted by the Plaintiff.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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