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(영문) 서울남부지방법원 2017.10.17 2016가단255273
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 plaintiff's assertion

A. The Plaintiff lent approximately KRW 180 million to D, and D died while D did not repay KRW 85,584,340 out of the said money.

B. D purchased goods from Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the said money borrowed from the Plaintiff, and the goods equivalent to KRW 85,584,340 (hereinafter “instant goods”) were still kept in the Defendant Company’s warehouse.

C. Accordingly, Defendant B and the Defendant Company, the representative of the Defendant Company, jointly and severally, are liable to return the instant goods to the Plaintiff or to pay KRW 85,584,340 to the Plaintiff the said goods.

2. On the other hand, even based on the Plaintiff’s assertion, the goods of this case were owned by D and owned by the inheritor, barring any special circumstances after D’s death, and the above goods price belongs to the Defendant Company with the sales price of the goods of this case. Thus, there is no ground for the Plaintiff, which is a creditor against D, to seek the return of the goods of this case or payment for the said goods against the Defendants.

Therefore, the plaintiff's above assertion is without merit without any need to examine whether the defendant company purchased the goods of this case, whether the defendant company stored the goods of this case.

3. Thus, the plaintiff's claim against the defendants is without merit. Thus, the plaintiff's claim against the defendants is dismissed.

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