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(영문) 서울중앙지방법원 2019.05.31 2018가단12689
대여금청구의 소
Text

1. Defendant B’s KRW 71,750,000 and the Plaintiff’s annual rate of KRW 5% from December 15, 2016 to May 31, 2019.

Reasons

1. From November 12, 2016 to December 13, 2016, the Plaintiff wired KRW 69 million to the Defendant C’s account used by Defendant B.

This is that the defendant B made an investment in D(State) which is a similar recipient company.

In this regard, on October 12, 2016, Defendant B drafted a notarial deed of KRW 115,000,000,000, the Plaintiff as the obligee, and on the same day, Defendant B provided a monetary loan contract of KRW 100,000,000, which became the obligor D and the obligee (Defendant C to the Plaintiff).

On the other hand, on November 15, 2016, the Plaintiff transferred KRW 100,000,000 to the F’s account operated by a similar receiver of E without permission.

[Reasons for Recognition: Facts without dispute, entry in Gap 1, 4, and 7, the purport of the whole pleadings]

2. The assertion and judgment

A. The parties’ assertion argues that the Plaintiff paid KRW 15,00,000 in total by paying the money transferred to the Defendant C’s account and the F’s account with cash and check, and that the Defendants were either borrowed from the Plaintiff or received money in collusion by the Defendants to make investments from the fund-raising company.

The Defendants asserted that Defendant B, at the Plaintiff’s request, invested in D with money in the name of Defendant C, which was the birthee, and that the Defendant B converted Defendant C’s investment share of KRW 100,000,000 to Defendant C in the name of the Plaintiff, and that the money transferred by the Plaintiff in the name of F is irrelevant to the Defendants.

B. Determination 1) In full view of the fact that Defendant B used the Defendant C’s name account that Defendant C was directly involved in a transaction with the Plaintiff, there is no evidence to prove that Defendant C was involved in a monetary loan agreement, and that Defendant B was also involved in a monetary loan agreement, the parties to the transaction can be recognized as Defendant B. In full view of the claim related to D, Defendant B received money from the Plaintiff to the Defendant C’s account, and Defendant B notarized the monetary loan agreement on KRW 15,000,000.

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