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(영문) 부산지방법원 2016.06.09 2016가단7681
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff asserted that: (a) lent KRW 10,77 million to Defendant B on August 9, 2013; and (b) KRW 3 million on September 12, 2013; and (c) lent KRW 2 million to Defendant B on September 17, 2013.

On September 8, 2013, the Plaintiff lent KRW 12 million to D and caused D to transfer KRW 8 million to Defendant C on September 9, 2013, by allowing D to transfer KRW 20 million to Defendant C.

Therefore, Defendant B is obligated to repay the loan amounting to KRW 10.7 million to the Plaintiff, Defendant C is obligated to repay the loan amounting to KRW 20 million.

2. Determination

A. Even if there is no dispute as to the fact that money was received between the parties, the fact that the money paid to the defendants by the plaintiff is a loan under a monetary loan agreement shall be proved by the plaintiff who asserts that it is a loan.

(see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). If the objective meaning of the language and text is clear in cases where a certain content of a contract is written between the contracting parties in writing as a disposal document, barring special circumstances, if the objective meaning of the text and text is clear, the existence and content of declaration of intent shall be acknowledged as stated in the language and text, but if the objective meaning of the text and text is not clearly revealed, it shall be comprehensively considered such factors as the motive and circumstance in which the contract was made, the purpose and true intent to be achieved by the contract by the parties to the contract, and transaction practices in a manner consistent with the principles of logic and experience, and the principles of social common sense and equity, and the rational interpretation of the contents of the contract shall be made in accordance with the principles of trust and equity. In particular, in cases where

(See Supreme Court Decision 200Da72572 delivered on May 24, 2002, etc.). B.

Nos. 1, 2, and 3-1, and 2 are without dispute between the parties.

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