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(영문) 서울고등법원 2019.02.01 2018나2051981
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a business operator engaged in used cars trading business with the trade name "D" in Suwon-si Port Co., Ltd., and the plaintiff is a used cars dealer(s) belonging to the defendant's place of business (hereinafter "place of business of this case").

B. The sum of money deposited by the Plaintiff in the Defendant’s account from March 2013 to July 2017 is KRW 2,538,584,824. The sum of money deposited by the Defendant in the Plaintiff’s account is KRW 2,410,373,710.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number, hereinafter the same shall apply), Eul evidence Nos. 5 and 6, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s used cars purchase funds, etc. G (L) 2,500,000 H/L 2,50,000 H/L 58,000,000 H/L 90,200 J/L 17,800,000 J/L 1,800,000 M/L 227,80,300 (L/L) Defendant (Business) 25,800,000 (L/L) for the Defendant’s 227,30,000,000 KRW 625,10,000,000,000,000 for used cars purchase funds and operation funds of the instant business establishment, and thereafter, the Plaintiff leased the Defendant’s used cars purchase funds and operation funds, etc. to obtain KRW 425,10,000,005,000 from Defendant’s used cars, etc. as follows:

Therefore, the defendant is obligated to pay the remaining loans to the plaintiff KRW 485,100,000 and delay damages.

B. (1) The money that the Plaintiff remitted directly to the endur who belongs to the instant workplace is a monetary loan transaction between the Plaintiff and the pertinent endur, and the Defendant did not guarantee the Plaintiff’s obligation to borrow money. Therefore, the Defendant is not liable to pay the money that the Plaintiff lent to the pertinent endur.

(2) Although the Defendant borrowed KRW 2,280,48,060 from the Plaintiff to operate the instant plant, the Defendant fully repaid the principal and interest of the loan to the Plaintiff KRW 2,410,373,710.

3. Determination

A. Loans directly transferred by the Plaintiff to Drawers belonging to the instant workplace.

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