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(영문) 서울동부지방법원 2018.04.13 2017가합101193
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On October 11, 2007, the Plaintiff received a security and guarantee agreement as follows (hereinafter “instant security and guarantee agreement”) from the Defendant and C, and paid KRW 250,000,000 to D (hereinafter “D”) on the same day.

As security for F insurance deposit of KRW 250,000,000, the defendant and two persons shall provide as follows:

Deposit 250,000,000 won shall be repaid on behalf of a guarantor when the guarantor is unable to repay by November 30, 2007.

Name F Share G Defendant 150,000,000 won 200,000,0000 Won C 150,000,000 won

B. On October 14, 2007, the Defendant is the actual owner of FF on October 14, 2007, and H is the “bate president”.

(H) made an agreement between the representative director and 250,000,000 won to invest in casino deposit business.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 9, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) received a request from the Defendant to lend KRW 250,000,000 from the Defendant, and on October 11, 2007, the Plaintiff paid the instant money to D designated by the Defendant. The Defendant promised to pay the instant money up to November 30, 2007, but did not pay up to now. Accordingly, the Defendant is liable to pay the Plaintiff a loan of KRW 250,000,000 and delay damages therefor. (ii) Even if the instant money paid by the Plaintiff was invested, the Defendant is liable to pay KRW 20,000,000 to the Plaintiff as a guarantor.

Plaintiff’s preparatory brief dated August 24, 2017, see Articles 1 and 2

B. Defendant 1) The instant money that the Plaintiff paid to D on October 11, 2007 is not the Plaintiff’s lending to the Defendant, but the Plaintiff, the Defendant, and C jointly invested in the casino deposit business. 2) Even if the nature of the instant money is a loan, the Plaintiff’s assertion is without merit, considering the following reasons.

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