logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2018.12.12 2017가합12007
대여금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) In the first place, from August 29, 2015 to September 4, 2015, the Plaintiff leased KRW 34,042,360 in total as vehicle rent, from August 26, 2015 to December 16, 2015, totaling KRW 274,400,000 in terms of deposit, etc., and KRW 26,785,00 in total as site restaurant premium, etc. from February 17, 2016 to June 25, 2016, the Defendant is obligated to pay the Plaintiff the total sum of KRW 575,892,360 in total to the Plaintiff.2) Since the Defendant, while having been aware of the Plaintiff’s conjunctive relationship after having access to it and embezzled or embezzled the said amount by using an internal relation, he/she is liable to compensate for damages due to the tort.

B. Determination as to the principal claim is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in the same kind, quality, and quantity (Article 598 of the Civil Act). It is natural that the other party has to agree on the above point (see Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). In the event of transfer of money to another person’s deposit account, etc., the transfer may be made based on various legal causes, such as loan for consumption, donation, repayment, etc. Therefore, it cannot be readily concluded that the party’s intent as to the loan for consumption was reached solely on the ground that such transfer was made (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012; 2015Da32814, Jul. 21, 2014).

arrow