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(영문) 서울동부지방법원 2018.06.27 2017나4708
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On March 31, 2015, the Plaintiff transferred KRW 10,000,000 to Defendant C’s account, and KRW 10,000,000 on April 1, 2015, and KRW 1,000,000 on April 20, 2015, respectively.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was requested to lend money from Defendant B to Defendant C and lent money as stated in paragraph (1). Thus, the Defendants are jointly and severally liable to pay the same money as stated in the purport of the claim to the Plaintiff.

B. The amount set forth in paragraph (1) of the Defendants’ assertion is part of the security deposit amount of KRW 100,000,000 and the goods payment that Defendant C and E, a representative of the Plaintiff, agree to pay to D according to a general sales agency agreement concluded around March 2015.

3. Where money is transferred to another person’s deposit account, etc., the remittance can be made based on a variety of legal causes. As such, the party asserting that the remittance is a loan under a monetary loan contract with the person who receives the remittance (see, e.g., Supreme Court Decisions 2014Da26187, Jul. 10, 2014; 2017Da37324, Jan. 24, 2018). Each of the statements in subparagraphs 1 through 5 are insufficient to recognize that the money mentioned in paragraph (1) is a loan under a monetary loan contract between the Plaintiff and the Defendants. Rather, there is no other evidence to acknowledge that the money is a loan under a monetary loan contract between the Plaintiff and the Defendants. In full view of the arguments in subparagraphs 1 and 2, E, the representative of the Plaintiff, the Defendant, was granted the Plaintiff’s representative director D Co., Ltd. (the Defendant C, a corporation, from its own date and time to September 27, 2015).

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