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(영문) 서울북부지방법원 2016.02.19 2015가단26853
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 July 5, 2014, C transferred KRW 5,000,000 to the Defendant who was aware of the Plaintiff’s relationship C through the Plaintiff’s related party C, and KRW 5,00,00,000 on July 7, 2014, and KRW 5,00,000 on July 8, 2014.

B. On July 8, 2014, the Defendant remitted KRW 5,000,000, which was remitted from the Plaintiff, to the account under C’s name of pro-Japanese D on the same day.

C. Around March 2013, while operating an oral plant, C took over this matter to the Defendant, and provided entertainment workers to entertainment bars. There was a very frequent monetary lending relationship with the Defendant. However, from December 2013 to April 2014, C primarily borrowed money from the Defendant or paid personnel expenses to C at the Defendant’s request on behalf of the Defendant.

In the monetary transaction with the defendant, C has used the name of another person such as D for the reason that it is impossible to use its own account.

Around March 2014, the Defendant had a claim equivalent to KRW 37,000,000 with C as a monetary relationship with C, but was in a situation where E was delinquent in value-added tax and the partner’s investment amount should be returned, and thus, the Defendant urged C to pay the debt thereafter.

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, 6, and 7 (including paper numbers), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. On July 5, 2014, KRW 10,00,000, KRW 10,000, July 10, 2014; KRW 5,000,000 on July 7, 2014; KRW 5,000,000 on July 8, 2014; and KRW 37,00,000,000 on August 10, 2014; and was not repaid.

B. The Defendant did not borrow money from the Plaintiff, and the Defendant urged C to repay the debt with the credit, and received KRW 20,000,000 in the name of the Plaintiff to the interested parties.

Of the money claimed by the Plaintiff, 5,000,000 won was returned to C at the request of C, and 12,000,000 won was not received from the Plaintiff.

3. We examine whether the Plaintiff lent the money claimed by the Plaintiff to the Defendant.

The written evidence Nos. 2 and 3, which correspond to the plaintiff's assertion, are written and the witness.

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