(영문) 의정부지방법원 2018.09.11 2017가단20487

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(영문) 의정부지방법원 2018.09.11 2017가단20487

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. On June 18, 2010 between the plaintiff and the defendant's husband non-party C, a contract for commercial building lease (monthly rent) between the plaintiff and the defendant's husband in Seoul Special Metropolitan City as to the second floor office D's office in Seoul Special Metropolitan City, with a deposit of KRW 15 million, and monthly rent of KRW 1.7 million.

B. On June 18, 2010 between the Plaintiff and C, a real estate lease agreement between the Plaintiff and C, which stipulates that deposit for the above office is KRW 65 million (no monthly tax).

C. On March 1, 2012, the Plaintiff wired KRW 50 million to Nonparty E with the Defendant’s father, and wired KRW 25 million to C on October 8, 2012, and was wired KRW 10 million from C on November 9, 2012.

[Evidence A] Nos. 1, 10 through 14

2. The parties' assertion

A. The Plaintiff’s assertion (i.e., on June 18, 2010, the Plaintiff leased a building owned by the Defendant husband C with a deposit of KRW 15 million, monthly rent of KRW 1.7 million, and decided to increase the deposit at the Defendant’s request. The Plaintiff drafted a real estate lease agreement retroactively after remitting a total of KRW 50 million to E. The Plaintiff, at the Defendant’s request, transferred a total of KRW 25 million, but was returned to C with a deposit of KRW 80 million.

The Plaintiff returned the office to C upon termination of the lease agreement on October 20, 2014. However, the Plaintiff received only the deposit of KRW 14 million, and the remainder of KRW 66 million from C and borrowed money. The Defendant provided a joint and several surety for KRW 40 million from among them, while having the F repaid KRW 40 million on January 7, 2015.

Referencely, the Plaintiff filed a lawsuit against C seeking the payment of KRW 66 million converted to the loan (Seoul Northern District Court 2016Kadan121748), and the Defendant testified that the deposit has not been increased on behalf of C in the above case.

x) After all, the defendant is the agent of C and acquired the increased deposit of KRW 66 million, thereby seeking compensation for such damage.

B. The defendant alleged that he borrowed money from the plaintiff or increased the deposit.

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