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(영문) 서울중앙지방법원 2016.05.19 2015가단5384883
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 24, 2015, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 40,000 to the Defendant.

After that, 40,000,000 won was remitted from the account under the name of C (hereinafter referred to as “C”) to the Plaintiff’s account, but it cannot be viewed as the Defendant’s repayment.

On September 10, 2015, the Plaintiff returned KRW 40,000,00 to the account under C’s name.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 40,000,000.

2. According to the evidence No. 3, the Plaintiff’s transfer of KRW 40,000,000 to the account under the Defendant’s name on April 24, 2015 can be acknowledged.

Meanwhile, in accordance with Article 469 of the Civil Act, repayment of debt can be made by a third party, and according to the statements in Gap evidence 4, Eul evidence 1, Eul evidence 5-1, and Eul evidence 5-2, on April 30, 2015, 40,000 won was remitted from the account in the name of the defendant C to the plaintiff's account. The account in the above name C is covered by the "return ofB Representative Loan". The plaintiff is arranged as investing in the defendant's personal funds on September 10, 2015, and if the remaining Yangyang-ju's revenue (the shares of the company) exceeds Gwangju's revenue (the total amount of 20,000 won), such difference is deposited into the company and increased its capital with investments.

됨. 일단 통장간 정리하는 거야 나중에 다시하더라도, 오늘 어제 받은 남양주건 중 새마을금고 통장에 일정 잔고 유지하고 1억4천정도 이체할게(어제랑 합쳐 2억원), 1억4천 추가입금해놨다

“The Plaintiff sent the Kakao Stockholm to the purport that it was “,” and the Plaintiff transferred the amount of KRW 40,000,000 to the account under C’s name on September 9, 2015, and KRW 140,000,000 on September 10, 2015 (i.e., it is difficult to view that KRW 40,000,000 has returned the money received from C as alleged by the Plaintiff). As such, the Plaintiff’s claim against the Defendant of KRW 40,00,000 should be deemed to have been fully repaid.

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