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(영문) 서울중앙지방법원 2017.06.16 2015가단195644
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's ground for claim

A. From around 2009, the Plaintiff, who runs a second class trading business, supplied the second class vehicle to the other party with the Defendant, who is engaged in the second class trading business.

B. The Plaintiff also lent money to the Defendant for the purpose of purchasing used cars or paid a deposit to the Plaintiff for the purpose of guaranteeing the payment of the motor vehicle sales price requested for sale, and received money from the Defendant for the purpose of guaranteeing the payment of the motor vehicle sales price and the return of the loan. The Defendant is obligated to pay to the Plaintiff the difference between the money remitted to the Plaintiff and the amount remitted from the Defendant, 26,145,414 won, and delay damages.

2. Comprehensively taking account of the overall purport of arguments as to Gap's evidence Nos. 1, 2, 4 through 6, Eul 1, 2, and 4, the plaintiff engaged in used cars sales business, etc., the plaintiff has sold used cars he/she was requested from the defendant engaged in the same business from around 2009, and the plaintiff in the process paid a security deposit in the meaning of guaranteeing the payment of used cars sold by the defendant, or remitted money to the defendant to the defendant for the payment of used cars to the seller, and the plaintiff remitted money from October 30 to January 14, 2013 to the defendant from around 10, 202,716,098 as stated in the separate statement of remittance between the plaintiff and the defendant, and there is no evidence that the plaintiff remitted money from the defendant to the defendant on March 22, 2017 to the defendant on June 10, 2010, 2010; and it is difficult to view that the plaintiff remitted money to the defendant on June 10, 210, 2010.

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