logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.12 2017나56285
대여금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff entered into an investment agreement with H to pay KRW 8,50,00,000 for the cost of implementing the investment project for the establishment of the investment company, and the Defendant guaranteed the above H’s obligation. However, the Defendant, who did not perform the above obligation, borrowed the necessary expenses while receiving the return of the investment amount from the above H, and the Defendant did not recover the said amount, and the Plaintiff paid KRW 11,30,000 to the Defendant, KRW 5,900,00 (3,90,000,000 to the Defendant’s account, and KRW 2,00,000 to the Defendant’s payment to the Defendant, KRW 21,685,728 (17,000,000 to the Defendant’s reimbursement to the Defendant’s account, and KRW 285,788,00 to the Defendant’s payment to the Plaintiff’s account to the Plaintiff’s 285,285,000.

There is no fact of borrowing the said money from the plaintiff and the selector as the cost of writing.

B. We examine the following circumstances: (a) the Defendant received each of the above money from the Plaintiff and the appointed parties or used the credit card of the appointed parties C; (b) although there is no dispute between the parties, the Defendant took part in the process of receiving the loan from the designated parties B as collateral and the process of disposing of the instant real estate in accordance with the following circumstances acknowledged by the respective descriptions and arguments of the evidence Nos. 2 and 3 (including each number), namely, ① the decision of the relevant case that the appointed parties B filed against the Defendant.

arrow