logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2021.01.14 2019나65996
대여금
Text

Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 4, and witness F's testimony, and there is no counter-proof.

A. C is a small father of inside director D, a representative of the defendant.

B. From November 28, 2016 to November 29, 2016, the Plaintiff transferred KRW 40 million in total from the KB bank account in the Plaintiff’s name to the NA account in the name of the Defendant and the NA account in Korea bank account in the name of the Defendant (hereinafter “Defendant Agricultural Cooperative account”).

(c)

From December 29, 2016 to March 2, 2018, the Defendant remitted KRW 800,000 to the KB bank account in the name of the Plaintiff to the KB bank account in the name of the Plaintiff.

2. Judgment on the plaintiff's primary claim

A. The plaintiff alleged that he had the authority to operate his business and fund management in substance while operating the defendant.

C At C’s request, the Defendant determined a total of KRW 40 million from November 28, 2016 to November 29, 2016 as 2% per month interest.

Therefore, the defendant is obligated to return the above loan to the plaintiff.

If the Defendant does not grant the right of borrowing to C, the Plaintiff has the authority to act for the Defendant at the time of concluding the lending agreement.

Since it is believed that this constitutes a justifiable reason under Article 126 of the Civil Act or the good faith, negligence, and mistake under Article 129 of the Civil Act, and even if not, the defendant paid interest to the plaintiff after receiving the above money, thereby implied ratification of the above loan. Thus, the defendant is liable to return the loan to the plaintiff.

B. The following facts do not conflict between the parties to the Plaintiff’s assertion, or the following facts are as follows: Gap’s evidence No. 6-1 to 4, Gap evidence No. 7, Gap evidence No. 8, Eul evidence No. 11, Eul evidence No. 1, Eul evidence No. 2, Eul evidence No. 3, Eul evidence No. 4, and witness F’s testimony.

arrow