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(영문) 서울서부지방법원 2016.08.26 2016가단8209
대여금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. On May 28, 2013, the Plaintiff’s assertion D lent KRW 320,000,000 to Defendant C, etc., and the Plaintiff transferred KRW 220,000,000 out of the said money, which was refunded KRW 7,00,000 from D.

Ultimately, the Plaintiff remitted KRW 213,00,000 to Defendant C, etc., and among them, KRW 20,000,000 and KRW 155,00,000 remain at around October 1, 2014.

The Defendants decided to divide D and the Plaintiff’s claims, and Defendant B, as security for the Plaintiff’s claims, prepared a written promise to sell an officetel of KRW 135,500,000.

Therefore, the defendants are jointly and severally liable to pay the loan 134,800,000 won and damages for delay.

2. In full view of the overall purport of the pleadings as to Gap 1 and 3, D loaned money to Eul Co., Ltd. (FF Co., Ltd. after the alteration), and paid KRW 370,000,000 after two months thereafter, and defendant C et al. became a guarantor; and the plaintiff transferred KRW 220,000,000 to D due to the above loan loan, etc., but was refunded to Eul; and the defendant Eul prepared a pre-sale agreement with the plaintiff as a security for the above loan, but the plaintiff merely lent KRW 213,00,000 to the defendants.

It cannot be deemed that an agreement was reached for the Plaintiff to partially repay D loans (D filed a lawsuit claiming the return of a loan against Defendant C and F, etc. by asserting that it is the obligee of the total amount of the loan and claiming that it is the obligee of the loan). The mere description of Defendant C and F, etc. is insufficient to recognize it, and there is no other evidence.

Therefore, the plaintiff's claim is dismissed without any need to examine the balance of the loan, etc.

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