(영문) 서울중앙지방법원 2017.09.07 2016가단5086001

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(영문) 서울중앙지방법원 2017.09.07 2016가단5086001

대여금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On May 8, 2009, the Plaintiff asserted that the Plaintiff paid KRW 70 million (hereinafter “the instant money”) to Defendant C, a partner of the D Association upon receiving a request for borrowing money from Defendant B, as a price for capital increase with respect to the said Association.

After that, on January 2010, D&C distributed a total of KRW 516,796,346 to Defendant C, while selling the partnership property or shares to a third party and undergoing the liquidation procedure.

As the main argument, the plaintiff paid the money of this case to the defendant C upon the request for borrowing the money of this case. Since the borrower of this case is the defendant B, the defendant B is obligated to return the money of this case to the plaintiff.

Preliminary assertion, if the relationship between the Plaintiff and the Defendant B is not recognized, the Defendant C, who received the instant money, shall be deemed to be the borrower, and thus, the borrower shall return the instant money as the borrower, and if it is not recognized as the relationship of borrowing, the Defendant C shall be obligated to return the said money as unjust enrichment, insofar as it received the instant money without any legal ground.

2. Determination

A. The Plaintiff lent the instant money to Defendant B to determine the primary assertion (Defendant B)

In addition to the fact that Defendant B requested the Plaintiff to borrow the instant money, there is no evidence to acknowledge the fact that Defendant B requested the Plaintiff, and that there is no relative relationship between Defendant B and Defendant C, the Plaintiff’s claim for the loan against Defendant B is without merit.

B. According to the evidence No. 3 of the judgment as to the conjunctive assertion (Defendant C), it is recognized that the Plaintiff remitted the instant amount of KRW 70 million to the passbook account under the name of D Association on May 8, 2009.

However, the following circumstances, i.e., the Plaintiff, who can be seen through the argument of the instant case, is in fact the Plaintiff.

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