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(영문) 서울북부지방법원 2016.04.12 2015가단33462
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. According to the purport of the evidence evidence Nos. 1 and 3 as well as the entire pleadings, the Plaintiff, the representative director of a corporation C (hereinafter “Nonindicted Company”) may recognize the fact that on May 15, 2014, the date of repayment set as February 25, 2015, the Defendant, who operated “D” individually, separately from corporate bonds, lent KRW 25 million to the Defendant (hereinafter “instant loan claim”).

B. If so, the defendant is liable to pay to the plaintiff the amount of the loan of this case 25 million won and its delay damages, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. On December 8, 2014, the Defendant’s assertion was gathered by the Plaintiff, the Defendant, and the E (hereinafter “E”) representative FF, and the Plaintiff Company G (hereinafter “G”) decided to collect the Defendant’s sales claims regarding the Defendant’s branch home shopping by allocating the amount of the Defendant’s sales claims to Nonparty Company, E, and G at a certain ratio. The Defendant agreed to collect the Defendant’s claims in proportion to the amount of the Nonparty Company’s claim, including the instant loan claims, which are the Plaintiff’s personal claims.

Therefore, the defendant is not separately liable to repay the amount of the loan of this case to the plaintiff.

B. (1) The Defendant, upon receiving the instant loan from the Plaintiff, established D on May 27, 2014, and began to sell clothes on August 31, 2014.

(2) On November 2014, the Plaintiff received a loan certificate (Evidence A No. 3) stating the loan claim of this case from the Defendant, from the firstman.

(3) On December 8, 2014, the representative of the non-party company, E representative F, and G representative H, the Defendant’s creditors, agreed to divide the amount of sales claims collected from G, non-party company, and E to the Defendant’s deposit account in the name of each of the creditors in proportion to 42%, 12%, and 46%.

However, the above pro rata distribution ratio of creditors, including the non-party company, is the amount of the loan of this case, which is the plaintiff's personal claim.

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