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(영문) 서울중앙지방법원 2019.09.18 2018나46386
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Since around 2008, the Plaintiff’s father, D and Defendant B came to know of the prison life in the Kimcheon Prison, which became aware of, before Defendant B’s release from prison, D requested Defendant B to perform the work necessary for the Defendant’s operation.

B. Accordingly, for D in prison, Defendant B received business funds from the Plaintiff or the third party designated by D through the account in the name of the Defendants, and transferred the funds to the Plaintiff or the third party.

C. On the other hand, on January 16, 2009, the Plaintiff transferred KRW 30 million from the Plaintiff’s bank account to Defendant C’s national bank account as the remitter (hereinafter “instant remittance”).

【Ground of recognition】 Evidence Nos. 1 through 15, 17 to 20, evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion

A. On January 16, 2009, the Plaintiff: (a) lent the instant money to the Defendant C’s account with a large amount of the Defendants’ directors; (b) it is insufficient to pay KRW 30 million after three months; and (c) the Defendants borrowed expenses to seek a house residing as a couple from the Plaintiff; and (d) accordingly, the Defendants jointly and severally, pursuant to Article 832 of the Civil Act, are liable to pay the Plaintiff KRW 30 million and damages for delay pursuant to Article 832 of the Civil Act.

B. Even if D, not the Plaintiff, lent the instant money to the Defendants, not the Plaintiff, D transferred the Plaintiff’s loan claims against the Defendants, and notified the Defendants that the instant money was transferred to the Plaintiff to the effect that it would be the Plaintiff’s money and that it would be repaid to the Plaintiff, the Defendants asserted that they are jointly and severally liable to pay the Plaintiff, the assignee of the loan claims, the amount of KRW 30 million, and damages for delay.

3. Determination

A. Whether the Plaintiff’s loan claim against the Defendants was established or not, the Plaintiff’s loan claim amounting to KRW 30 million against the Defendants.

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