beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The plaintiff's assertion has taken part in the limit organized by the defendant as the owner of the fraternity from around 1994. The defendant joined two accounts on August 3, 2006 and paid the fraternity in full, but the above fraternity amounting to KRW 20 million against the defendant's debt 20,200,000.
Since then, the Plaintiff joined one unit in the limit of KRW 20 million organized by the Defendant on September 6, 2008, and paid the sum of KRW 11,520,000 to a third party by April 12, 2010, and transferred it to a third party. The Defendant joined one unit in the limit of KRW 10,000,000 organized on October 7, 2010, and paid the deposit amount by May 9, 2013.
Therefore, the defendant is liable to pay to the plaintiff the sum of KRW 21,520,00 ( KRW 11,520,000 + KRW 10,000) and damages for delay.
B. The Plaintiff asserted that the Defendant joined two accounts in the limit of KRW 10 million organized by the Defendant on August 6, 2006, two accounts in the limit of KRW 10 million organized on September 6, 2008, two accounts in the limit of KRW 10 million organized on September 6, 2008, and one account in the limit of KRW 12 million organized on October 6, 2010, and one account in the limit of KRW 12 million established on September 6, 201, and the payment of accounts for the limits organized on September 6, 2008 was suspended in advance.
Meanwhile, the Defendant lent KRW 21.5 million to the Plaintiff by June 23, 2006, and KRW 24.5 million from September 2006 to March 10, 2009. The Plaintiff and the Defendant agreed that the Plaintiff’s fraternity as of August 6, 2006 and the Plaintiff’s fraternity as of October 6, 2010 and the fraternity as of September 6, 2008 should be appropriated for the repayment of the Plaintiff’s above loan obligation to the Defendant, so there remains no balance to be paid to the Plaintiff.
2. Determination as to the cause of action
A. Basic facts 1 The Plaintiff opened two accounts in the limit of KRW 10 million organized by the Defendant on August 6, 2006 and paid the entire amount of the accounts by September 2008. The Plaintiff, as organized on September 6, 2008, opened two accounts in the limit of KRW 10 million and suspended the payment in the middle of the month, and on October 6, 2010, deposited two accounts in the limit of KRW 10 million.