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(영문) 서울중앙지방법원 2018.09.06 2018가합509876
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. The Plaintiff transferred KRW 10 million to the account in the name of the Defendant, KRW 10 million on October 26, 2016, KRW 10 million on February 14, 2017, KRW 26 million on March 15, 2017, KRW 20 million on July 7, 2017, KRW 136 million on July 14, 2017, and KRW 60 million on September 4, 2017, respectively.

B. As above, the Plaintiff submitted evidence Nos. 1, 2-1, 3-1, 4-1, 5-1, 6-1, 6-1 of the evidence Nos. 1, 2-1, 3-1, 3-1, 3-1, 5-1 as evidence concerning the legal cause of the account transfer over six occasions.

This is both a detailed statement of contract and a written agreement on lending and payment of interest. Each of the above “contractual statement” and “written agreement on lending and payment of interest” do not have the Defendant’s signature or seal affixed to the Defendant’s name, and the Defendant’s name is affixed with the official seal stating “B of the Gangseo headquarters” (Evidence No. 1, 2-1, 2-1, and 3-1, 4-1, 5-1, 6-1 of the evidence No. 3-1, 6-1 of the evidence No. 1, 4-1, and 6-1 of the evidence No. 3-1, respectively).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each branch number, if any; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff: (a) lent D a loan of KRW 10 million on October 26, 2016; (b) KRW 10 million on February 14, 2017; and (c) KRW 26 million on March 15, 2017; and (b) the Defendant guaranteed D’s obligations for each of the above loans; (c) the Plaintiff claimed a loan against the Defendant; (d) while the Plaintiff claimed a loan against the Defendant, in light of the overall purport of the application for the change of the cause of the claim on December 29, 2017; and (e) in particular, the “non-fixed” column as above, the Defendant is liable to pay the Plaintiff a total of KRW 46 million on each of the above loans; and (e) KRW 7 million on July 27, 2017; and (e) KRW 67 million on July 16, 2017.

Therefore, the defendant shall make the above loans to the plaintiff.

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