(영문) 의정부지방법원 2014.12.05 2014나9589

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(영문) 의정부지방법원 2014.12.05 2014나9589

대여금반환

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The Plaintiff’s loan of KRW 44 million (hereinafter “instant loan”) to the Defendant through March 18, 2008 through B is not in dispute between the parties, or can be acknowledged by the statement in the evidence Nos. 1 through 7 and 11. Thus, barring any special circumstance, the Defendant is liable to pay the Plaintiff the loan of this case KRW 44 million and interest for delay.

2. The defendant's defense is a defense that the defendant paid the loan of this case to the plaintiff through B on June 16, 2008. Thus, according to the following facts, the defendant's defense is acknowledged as being a whole that the defendant repaid the loan of this case to the plaintiff through the plaintiff on June 16, 2008, based on the following facts which are acknowledged as comprehensively considering the contents of evidence Nos. 8, 12, 13, 15 through 25, evidence Nos. 1, 14-1, 2, Eul evidence No. 14-2, 2, 3, 4, and Eul No. 1 and 5.

around August 2007, the Plaintiff became aware of B engaging in loan brokerage business, and around that time, the Plaintiff lent money to many debtors, such as F, G, and H through B and received interest.

B. The Plaintiff paid the instant loan to the Defendant via B, and on March 17, 2008, completed the registration of establishment of a collateral security right (hereinafter “mortgage security right”) with regard to the Plaintiff’s 1stm2 and 646m2 and its ground buildings owned by the Defendant for the purpose of securing the said loan claim.

C. On June 13, 2008, the Defendant re-loaned KRW 20 million among the instant loans to B. On June 13, 2008, the Defendant remitted KRW 30 million equivalent to the amount used by the Defendant to B.

B notified the Plaintiff of the repayment of the instant loan from the Defendant, and completed the registration procedure for cancellation of the instant right to collateral security on the same day as the documents necessary for the registration of cancellation of the instant right to collateral security were delivered from the Plaintiff.

E. B does not deliver the instant loan repayment received from the Defendant to the Plaintiff, and from the Plaintiff.

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