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(영문) 대구지방법원 2019.07.12 2017가단134239
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Upon the request of Defendant C, which was working for Defendant B Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff remitted KRW 6 million on November 27, 2015 to Defendant C’s account, KRW 4 million on December 1, 2015, KRW 5 million on December 22, 2015, KRW 20 million on the 25th of the same month, and KRW 10 million on February 29, 2016.

B. Upon the said D’s request, E Co., Ltd. (hereinafter “E”) remitted KRW 35 million to the account in the name of Defendant B Co., Ltd. (hereinafter “Defendant Company”) on December 16, 2015.

C. On July 8, 2016, the Plaintiff transferred KRW 35 million to the account in the name of E. D.

On December 31, 2015, the statement of short-term loans of Defendant Company stated E and 35 million won in the statement of short-term loans.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 10, 11 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Plaintiff 1) Defendant C granted the authority to attract investments and loans to the Defendant Company for the establishment and operation of the Defendant Company, and D entered into a monetary loan agreement on behalf of the Defendants, and as a result, Defendant C transferred KRW 35 million to the Defendant Company and KRW 45 million to the Plaintiff, respectively. Even if Defendant C did not have the power of representation for the Defendants, the Defendants ratified the monetary loan agreement between E and the Defendant Company without the right of representation, and the Plaintiff and the Defendant C. Meanwhile, Defendant Company did not pay the borrowed amount to Defendant E, and the Plaintiff subrogated the said KRW 35 million to the Plaintiff on July 8, 2016. Accordingly, the Defendant Company shall pay the Plaintiff the said amount of subrogation and delay damages, and the Plaintiff shall pay the said borrowed amount of KRW 45 million to the Plaintiff the right of representation or delay damages as a proxy.

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