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(영문) 대전지방법원 2015.11.26 2015가단202725
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On January 12, 2012, the Plaintiff is a corporation mainly engaged in the business of manufacturing sanitary paper and cremation paper (hereinafter “Plaintiff corporation”). C, the actual owner of the Plaintiff’s company, which was the Plaintiff’s husband, was urged by the Defendant to incur damage to the bond company and was driving away from the Defendant’s husband. As such, C was asked to lend KRW 25,300,000.

Plaintiff

On January 12, 2012, the Company remitted KRW 25,300,000 (hereinafter “the instant money”) to the Nonghyup account known by the Defendant, and lent the instant money to the Defendant.

Therefore, the defendant is obligated to pay the plaintiff the above loan 25,300,000 won and damages for delay.

B. Although the person who borrowed the instant money from the Plaintiff Company is not the Defendant but D, the Defendant guaranteed D’s debt, and the Defendant is obligated to pay the Plaintiff deposit amounting to KRW 25,300,000 and delay damages.

2. Determination:

A. According to Gap evidence Nos. 1, 4, and 5-6, 7, and 8 of Gap evidence, if the defendant conveyed to Eul who is the actual owner of the plaintiff's company on January 12, 2012 and lent money to Eul which is necessary to repay the above money, it is acknowledged that Eul would have allowed Eul to pay the above money in the manner of payment at the plaintiff's company. The plaintiff company transferred 25,300,000 won to the plaintiff's Agricultural Bank account (Account Number:F) on January 12, 2012. However, it is acknowledged by the above evidence, namely, although the defendant called to Eul, it is necessary to pay the above money by the plaintiff's husband, it is necessary to exchange with D and D, and it is necessary to transfer the above money from the defendant's account No. 2, 50,000,000 to the plaintiff's account No. 2, 5,000,000.

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