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(영문) 서울동부지방법원 2020.07.03 2019가단9935
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. Summary of the parties' arguments

A. The Plaintiff’s assertion is that Defendant B paid KRW 20 million on March 17, 2017, and that year.

3. On May 12, 2017, he/she remitted KRW 15 million to the Plaintiff, and paid KRW 4 million in cash by using a credit card, referring to a 'credit card tin' which pretends sales transaction using a credit card, and lent KRW 39 million in total. Since the Defendant C has prepared a loan certificate (Evidence A 3) which guarantees the Plaintiff’s joint and several obligations, he/she also bears the joint and several liability for the above obligations of Defendant B.

Therefore, the Defendants shall jointly and severally pay to the Plaintiff KRW 39 million and interest thereon.

B. Defendant B’s assertion by the Defendants did not know the Plaintiff.

Defendant C borrowed KRW 20 million from D on February 17, 2017, and the same year.

3. 16. The sum of principal and interest was paid at KRW 30 million and the above loan was fully repaid. The loan certificate submitted by the Plaintiff as evidence (Evidence A No. 3) is merely drafted regarding the above loan obligation.

After that, Defendant C introduced D to E in need of money, and for the convenience of remittance, transferred the money borrowed from D or the Plaintiff to Defendant B’s account to E as it is, and the Defendants did not borrow it from the Plaintiff.

2. Determination

A. In full view of the respective descriptions of evidence Nos. 1, 2, and 2 and 3 as well as the overall purport of the pleadings, the following facts can be acknowledged:

1) On February 17, 2017, KRW 20 million was remitted from the account under the name of the Plaintiff to the account under the name of the Defendant B, and on the same day, between the Plaintiff and the Defendants, the Plaintiff as the obligee, the Defendant B as the obligor, and the Defendant C as the joint and several surety, and as of February 17, 2017, the loan certificate (No. 3; hereinafter “the loan certificate of this case”).

Then, on March 16, 2017, the amount of KRW 30 million was remitted from the account under Defendant B’s name to the account under the Plaintiff’s name. 2) On the other hand, from the account under the Plaintiff’s name.

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