logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.20 2013가단5143545
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) For the following reasons, the Defendant is obligated to pay the Plaintiff the loan or the transfer money of KRW 100 million and the delay damages therefor. (A) The Plaintiff heard the statement from the Defendant that the Plaintiff would have repaid the loan from October 2010 to November 2012, and lent KRW 100 million to the Defendant on October 16, 2012.

B) The husband C of the representative director of the Plaintiff lent KRW 100 million to the Defendant, and the Plaintiff received KRW 100 million from C, and the Plaintiff was transferred KRW 100 million from the Defendant’s account in the name of the Defendant’s assertion to the Defendant’s account in the name of the Defendant. However, the above KRW 100 million was not paid by the husband C of the representative director of the Plaintiff to the Defendant representative director D as the compensation, or the above KRW 100 million was paid to the Defendant representative director D. The actual lender of KRW

B. It is insufficient to recognize that the Plaintiff lent KRW 100,000 to the Defendant on October 16, 2012 only with the statement of evidence Nos. 1 and 1. This part of the Plaintiff’s assertion is without merit.

In addition, there is not sufficient evidence to acknowledge that C lent KRW 100 million to the Defendant on October 16, 2012 only with the written evidence Nos. 1 and 2-1 and 2-2, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion that C received the loan claim against the Defendant on the premise that C is a creditor of the loan against the Defendant is also without merit.

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

arrow