(영문) 의정부지방법원 2015.01.23 2014가단36498

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(영문) 의정부지방법원 2015.01.23 2014가단36498

대여금 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 25, 2013, the Plaintiff asserted that, on the part of the Plaintiff, the Defendant purchased the machinery, such as a horizontal typesetting machine (hereinafter “instant machinery”) in its custody for the purpose of financing the Plaintiff at KRW 30 million, it was suggested that the Defendant would introduce persons to purchase the instant machinery later.

Accordingly, on May 6, 2013, the Plaintiff accepted the instant machinery on condition that the Plaintiff was subsequently placed in the Defendant to purchase the instant machinery, and paid KRW 20 million to the Defendant on May 6, 2013, and the remainder KRW 10 million to be paid after the disposal of the instant machinery.

Then, although the Defendant introduced the Plaintiff, as the purchaser of the instant machine, the Plaintiff did not purchase the instant machine.

Accordingly, the Plaintiff promised the Defendant to return KRW 20 million to the Plaintiff and to accept the instant machinery again.

Nevertheless, the Defendant still did not pay the Plaintiff KRW 20 million as above, and due to the Defendant’s nonperformance of such commitments, the Plaintiff suffered damages equivalent to KRW 5.6 million in total, including KRW 2.7 million in storage, transportation cost, KRW 700,000 in transportation cost, KRW 200,00 in transportation cost, and KRW 2 million in the production cost of the Electric Power Team.

Therefore, the defendant is obligated to pay to the plaintiff KRW 25.6 million and damages for delay.

2. First of all, it is unclear whether the legal ground for the Plaintiff seeking payment of KRW 20 million to the Defendant is a loan or damage compensation. Furthermore, the evidence submitted by the Plaintiff alone, which the Defendant borrowed the instant machinery from the Plaintiff as security, KRW 20 million.

It is insufficient to recognize that the instant machinery was accepted on condition that the Plaintiff asserted, and there is no other evidence to acknowledge it.

Rather, the following are revealed in full view of the respective descriptions of Nos. 3 and 4 and the overall purport of arguments.

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