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(영문) 의정부지방법원고양지원 2017.05.25 2017가단2260
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff invested KRW 50 million to the Defendant via the Plaintiff, and the Defendant would pay KRW 100 million to C around July 4, 2016 by August 4, 2016.

“The Defendant asserts that the Plaintiff is obliged to pay to the Plaintiff the amount of KRW 41 million out of the amount payable from C (=50 million-41 million) as the Plaintiff paid KRW 9 million to C on November 18, 2016, even after preparing a letter of statement.

However, even according to the plaintiff's assertion, the payment of money to the defendant is not C, and the plaintiff is forced to enforce its liability as an agent from C.

Even if the plaintiff does not have the right to claim C's payment to the defendant, and there is no ground to recognize that the plaintiff has any other right to claim C's payment.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

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