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Reasons
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(영문) 대전지방법원 2014.04.30 2013가합104473
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 13, 2004, the Plaintiff deposited KRW 253,000,000 in total with C’s account.

B. C established the Defendant on October 14, 2005 and was appointed as the Defendant’s representative director around that time, and resigned on March 12, 2013.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion made a loan of KRW 900 million in total to C who prepared for the Defendant’s establishment while running a new building construction project through the introduction of D, and there existed loans of KRW 200 million in repayment from C (hereinafter “instant loan”).

However, from the time of lending the above KRW 900 million, if C and C were to establish the defendant, the plaintiff agreed to take over the debt of this case in parallel with the defendant.

Therefore, pursuant to the above agreement, the Defendant established by C is obligated to pay the Plaintiff the loan of this case KRW 200 million and damages for delay.

B. Although the deceased E, who is the husband of the Defendant’s argument C, borrowed KRW 253 million from the Plaintiff in the name of the Plaintiff, the Defendant’s debt of this case was extinguished by fully repaying it before the Defendant’s establishment. Family affairs, the Defendant’s debt of this case against the Defendant C remains remaining.

Even if the defendant did not agree with the plaintiff to accept the debt of this case overlappingly, the defendant did not agree to do so.

3. Determination

A. Therefore, we first examine whether the Plaintiff lent KRW 900 million to C.

1) The fact that the Plaintiff deposited KRW 250,00,000 in total to C on December 13, 2004 is as seen earlier, and according to the evidence No. 3, it is recognized that C deposit KRW 1.6 million per month with the Plaintiff’s account from February 13, 2006 to December 24, 201, and that the Defendant deposited KRW 1.6 million per month with the Plaintiff’s account from March 13, 2007 to December 24, 2012. However, each of the above facts alone is against C.

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