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(영문) 서울북부지방법원 2014.07.01 2012가단24719
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff lent money to the Defendant, who is the credit service provider, and the Defendant was engaged in credit business with the amount borrowed from the Plaintiff.

Although the Defendant immediately set up the right of collateral in the name of the Plaintiff on the collateral provided by the borrower, the Defendant, by deceiving the Plaintiff by delaying the establishment of the right of collateral, setting up the right of collateral on the collateral with no value of collateral, had the Plaintiff continue to lend money without being allowed to the Plaintiff.

As between June 7, 2010 and September 1, 201, the Plaintiff lent KRW 283,150,000 in total, and the Defendant paid KRW 181,91,742 and interest KRW 46,850,00 during the period from July 7, 2010 to April 13, 2012, the Defendant is obligated to pay the remainder of the loan 101,158,258 and delay damages.

B. The defendant is running a credit business, but there is no fact that the defendant borrowed money from the plaintiff.

First of all, the plaintiff sought the defendant and asked the borrower to borrow money, and the defendant introduced the borrower to the plaintiff. The plaintiff assessed the value of the collateral and borrowed money to the borrower after being established the right to collateral under his/her own name.

As the Plaintiff failed to collect some loans, the Plaintiff filed the instant claim by means of the filing of a transfer of money to the Defendant’s account.

2. Determination

A. Basic facts 1) The Defendant was running a credit business with the trade name of “C”. However, the Plaintiff first contacted the Defendant and asked the Defendant about the loan method, etc., and thereafter, the Plaintiff’s remittance details of the Plaintiff from June 7, 2010 to September 1, 2011 (hereinafter “attached Table 1”).

2) As indicated above, the Plaintiff remitted total of KRW 283,150,000 to the Defendant account in total on 29 occasions. (2) Money transferred to the Defendant account as above was loaned to the obligor as indicated in the attached Table 2 (hereinafter “attached Table 2”).

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