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(영문) 서울동부지방법원 2017.07.20 2016가합1449
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 April 6, 2015, the Plaintiff transferred the instant money to the account in the name of the Defendant, including KRW 280 million, which was the sum of KRW 150 million on April 6, 2015, KRW 100 million on April 22, 2015, and KRW 30 million on July 29, 2015 (hereinafter referred to as “the instant money”).

B. On April 2, 2015, C prepared and delivered to the Plaintiff a certificate of borrowing KRW 150 million, the certificate of borrowing as of June 2, 2015, the amount borrowed as of April 21, 2015, the amount borrowed as of April 21, 2015, and the due date on June 2, 2015, respectively.

(hereinafter referred to as “instant borrowed instrument”) C.

On June 17, 2015, the Plaintiff, Defendant, and D drafted a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and D, setting the lease term from June 17, 2015 to June 17, 2017 (hereinafter “instant lease agreement”).

[Ground of recognition] The Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 1, 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) transferred the instant money to the Defendant’s account under the Defendant’s name upon C’s request, which is the actual operator of the Defendant, thereby lending KRW 280 million to the Defendant and obtaining the instant loan certificate as security. In addition, on June 17, 2015, the Plaintiff and the Defendant set up the instant lease agreement with the Defendant as a lessee by providing an additional loan of KRW 100 million to the Defendant and as security. Therefore, the Defendant is not the Defendant but C to borrow the instant money from the Defendant.

In addition, the instant lease agreement was prepared by the Plaintiff that he would operate a singing room in the building owned by the Defendant, and thereafter was destroyed by the Plaintiff’s reversal of the intention of lease, and it was not written by the Defendant as a collateral in the process of borrowing KRW 100 million from the Plaintiff on June 17, 2015.

B. First, determination 1, 2015.

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