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(영문) 서울서부지방법원 2018.03.29 2017가합34141
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 2009, the Plaintiff became aware of the Defendant, who is an employee of the Bank of Korea, in the course of receiving a loan from the Company’s operating funds.

B. On March 2, 2011, the Plaintiff completed the registration of the establishment of a neighboring mortgage on KRW 1,251 square meters (hereinafter “instant land”) with respect to the land owned by the Plaintiff, which became one thousand and two hundred,00,000,000 of the maximum debt amount, the debtor E Co., Ltd. (hereinafter “E”), and Korea Bank Co., Ltd. (hereinafter “Korea Bank”).

C. On December 2, 2011, the Plaintiff cancelled the registration of creation of a neighboring mortgage No. 1, and was loaned KRW 1,900,000,000 with respect to the instant land as the maximum debt amount of KRW 2,280,000,00 with respect to the instant land and KRW 1,90,000 with respect to the Plaintiff and the Nonghyup Cooperative Federation of Agricultural Cooperatives (hereinafter “CF”) from Nonghyup.

On December 2, 2011, E’s loan obligations of the Bank, which is the secured debt of the registration of the establishment of a mortgage on the instant land No. 1, the instant land, was repaid with a cashier’s checks (hereinafter “the instant check”) consisting of the face value 1,009,910,136, which was withdrawn from the said agricultural loan from the said agricultural loan, and when referring to the nature of the money, the check amount was paid.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply), the result of this court's order to submit financial transaction information to Korean banks, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On December 2, 2011, the Plaintiff: (a) delivered one copy of the instant check to the Defendant, and lent KRW 1,009,910,136 at its face value; and (b) the Defendant repaid the Defendant’s loans to E Bank in substance operated by the Defendant with the instant check issued.

Therefore, the defendant is obligated to pay the loan 1,009,910,136 won and damages for delay to the plaintiff.

(b) the defendant.

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