(영문) 수원지방법원 2018.09.18 2018가단520324

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(영문) 수원지방법원 2018.09.18 2018가단520324

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Defendant and the Plaintiff’s seat C (hereinafter “the Plaintiff”) asked the Plaintiff to lend the business funds. Accordingly, the Plaintiff lent to the Defendant the sum of KRW 30 million on February 27, 2012 and KRW 40 million on May 8, 2012 (hereinafter “the instant money”).

B. Therefore, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 40 million and delay damages therefor.

2. Determination

A. The fact that the Plaintiff remitted the total amount of KRW 40 million to the account of the National Agricultural Cooperative Federation in the name of the Defendant to KRW 30 million on February 27, 2012, and KRW 10 million on May 8, 2012 is either a dispute between the parties or may be recognized by the statement under subparagraph 1.

B. However, on the other hand, in light of the following circumstances known by the purport of the entire pleadings, it is insufficient to recognize that the Plaintiff lent the instant money to the Defendant solely based on the facts acknowledged earlier, and there is no other evidence to acknowledge this, the Plaintiff’s assertion is without merit

① The Plaintiff asserted in the instant complaint that “the Deceased, a social journal, requested the Plaintiff to lend business funds, and transferred KRW 40 million to the Defendant’s passbook account in the name of the Defendant.”

② On June 24, 2018, the Plaintiff asserted that “the deceased asked the Plaintiff to lend business funds, and the Defendant said that he/she would be held jointly and severally liable.”

③ On July 16, 2018, the Plaintiff asserted that “as the Defendant was liable for a verbal joint and several liability, the Plaintiff entered into a joint and several liability agreement with the Defendant”.

④ On July 25, 2018, the Plaintiff asserted that “the Defendant and the Deceased requested that they lend business funds to the Plaintiff. The Plaintiff and the Defendant made an oral agreement with the primary debtor to the Defendant, and the Deceased jointly and severally guaranteed the obligation.”

⑤ The Plaintiff

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