logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.23 2018나535
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the second part of the judgment of the court of first instance added the same judgment as the second part of the judgment after the second part of the judgment of the court of first instance; and (b) the second part 9 to 14 are as stated in the reasoning of the judgment of the court of first instance, except for the second part 9 to 14 as described in the second part of the judgment of the court below; and (c) therefore, (d) it

2. Parts to be removed or added;

A. The Plaintiff asserts to the effect that Defendant B returned KRW 10,610,000, out of the instant loan or investment funds to the Plaintiff using a passbook in the name of another person, Defendant B voluntarily fulfilled the obligation to return the instant loan or investment funds.

However, since not only the debtor himself/herself but also a third party may repay his/her obligations (Article 469 of the Civil Act), even if Defendant B returned part of the loans or investments in this case, it is difficult to recognize that Defendant B is the debtor to return the loans or investments in this case.

The plaintiff's above assertion is without merit.

B. The Plaintiff asserts that Defendant B borrowed or invested the instant loan or investment funds from the Plaintiff, and Defendant C guaranteed the Defendant C’s obligation to return the instant loan or investment funds, and that Defendant C should discharge its guaranteed obligation.

However, as seen earlier, Defendant B cannot be deemed to have borrowed the instant loan or investment funds or to have been invested. As such, the Plaintiff’s above assertion based on the premise that Defendant B was liable for the refund of the instant loan or investment funds is without merit.

3. If so, the plaintiff's claim against the defendants is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is dismissed in its entirety as it is without merit.

arrow