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(영문) 인천지방법원 2020.05.27 2018나68578
대여금반환
Text

1. The part against Defendant B among the judgment of the first instance is revoked.

2. Defendant B shall pay to the Plaintiff KRW 100,000,000, and this shall apply.

Reasons

1. Facts of recognition;

A. On July 13, 2017 and July 14, 2017, the Plaintiff remitted each KRW 50,000,000 (total KRW 100,000,000; hereinafter “instant loan”).

B. Of KRW 100,000,000, which was deposited into D’s account, KRW 2,000,000, was remitted to Defendant B’s account, and KRW 98,000,000 was finally delivered to Defendant B through Defendant A, an agricultural company, etc.

C. Defendant B paid KRW 10,00,000 as follows as interest for the instant loan.

The fact that the Plaintiff paid KRW 2,00,000 on July 14, 2017 to E’s account, the representative director of the Plaintiff, and KRW 2,000,000 on August 17, 2017, and KRW 2,000,000 on November 30, 2017, and KRW 2,000,000 on December 31, 2017, each of the payment of KRW 2,00,000,00, which the Plaintiff shall pay to the Customer to the Customer (based on recognition) is without dispute over the payment of KRW 2,00,00 on behalf of each of the payment of KRW 2,00 to the Customer, KRW 3,6,7, and KRW 3,00 on behalf of the Plaintiff, and the purport of the entire pleadings, each of the entry in

2. Determination as to the claim against the defendant B

A. Defendant B’s assertion 1) The fact that Defendant B received KRW 100,000,000 does not conflict. However, the Defendant borrowed KRW 100,000,000 to F, not the Plaintiff’s representative director E, the husband of the Plaintiff’s representative director, and the Defendant borrowed KRW 100,000. 2) Even if the Plaintiff’s loan claim is recognized, since the Plaintiff’s loan claim was set off by transfer by Defendant B, the amount equivalent to the above claim for the price for the goods, out of the Plaintiff’s loan claim, was extinguished.

B. Whether the Plaintiff lent KRW 100,000,00 to Defendant B is a matter of interpretation of the intent of the party involved in the contract.

If the parties agree with each other, the parties to the contract shall be determined according to their intention.

However, if the intention of the parties is not consistent, it shall be based on who is the party to the contract if the reasonable person is the party to the contract.

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