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(영문) 서울북부지방법원 2015.05.07 2014가합3607
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiff 1) The Plaintiff lent KRW 200,000,000 to the Defendant’s internal director F through E, as the construction cost on February 21, 2012, through Defendant E, the contractor for construction of a Dtel on a parcel other than Kui-gu, Young-gu, Young-gu, Seoul. The Plaintiff paid KRW 200,000,00 to the Defendant’s internal director F through E.

Even if F is not a true intra-company director of the defendant, it cannot be asserted against the plaintiff who is a bona fide third party as it constitutes an apparent representative director under Article 395 of the Commercial Act.

B. The Defendant did not borrow KRW 200,000,000 from the Plaintiff, and F did not take charge of the Defendant’s funding-related business.

2. Determination

A. In order for a contract to be concluded, there is a need for a mutual agreement between the parties to several conflicting declarations, and a loan for consumption becomes effective when one of the parties agrees to transfer the ownership of money or any other substitute to the other party and the other party agrees to return it in such kind, quality and quantity as such (Article 598 of the Civil Act).

1) Plocks, Gap evidence Nos. 1 to 22 (which include Serial numbers; hereinafter the same shall apply)

(3) According to the reasoning of the judgment below, E newly constructs the 7th floor of the 7th floor of the 3th floor of the 7th floor of the 7th floor of the 7th floor of the 7th floor of the 7th floor of the 3th floor of the 3th floor of the 7th floor and the 3rd floor remodeling work is the construction of the 3th floor of the 7th floor.

In doing so, if a loan of KRW 200,00,000 is short of funds, it was argued that the Plaintiff would make five contracts for the sale in bearer form as security, and accordingly, the Plaintiff paid KRW 200,000,000 to E around February 21, 2012, and E paid the said money to F and G at the time of the payment, and around that time, F offered five contracts for the sale in bearer form of 7th floor room which will be completed by the instant construction to E as security, and the Plaintiff delivered this money to E, and the amount of construction cost is insufficient to H around February 2012.

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