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Reasons
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(영문) 청주지방법원제천지원 2015.02.04 2014가단1597
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. Basic facts

A. The Plaintiff is the Chairperson of the E in Chungcheongnam-si, the person who sent the Ma, the deceased B, and the person who was in charge of E following the network B.

B. The net B appointed F on September 4, 2013 to E’s well-known.

C. On September 12, 2013, F borrowed KRW 48,00,00 from the Plaintiff in the presence of the network B to repay 50% of the KRW 100,000 of the KRW 10,00,00 after the auction procedure was in progress on September 30, 2013, the Plaintiff: “F borrowed money from G with the Plaintiff’s guarantee and provided KRW 1 to 300,00,000 as a security,” which read that “F borrowed KRW 10,000,000,000, out of KRW 10,000,000, out of KRW 10,000.”

The net B’s seal is affixed at the place where No. 1 and No. 300 are indicated in the furnment document of EY H, which has been issued to the Plaintiff.

E. On September 17, 2013, the Plaintiff transferred KRW 48,000,00 to the New Saemaeul Community Fund.

F. On October 3, 2013, F entered into a construction contract with I for the repair work of E: (i) the construction cost of KRW 24,650,000 for the repair work of E.

G. The deceased died on June 8, 2014, which was after the instant lawsuit was instituted by the deceased, and the Defendant (Appointed Party) and the designated parties inherited the deceased B.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 6-2, witness F's testimony, purport of whole pleadings

2. The gist of the Plaintiff’s assertion: (a) the deceased Party B had F borrow KRW 48,00,000 from the Plaintiff; (b) the deceased Party B asked the Plaintiff to pay KRW 20,000,000 in lieu of the J, which is the president of the E-B, in February 2008; (c) the Plaintiff remitted KRW 20,000,000 in the name of K to the J; and (d) the deceased Party B borrowed KRW 24,650,000 in the construction cost used for the E- repair work from the Plaintiff to the I.

Therefore, the Defendant (Appointed Party) and the designated parties, who are the successors of the network B, respectively, are KRW 23,162,50 [=(48,000,000] to the Plaintiff.

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