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(영문) 서울중앙지방법원 2016.02.16 2015가단2254
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. At the time of serving in the certified judicial scrivener office, the Plaintiff asserted that he was aware of the Defendant, who was employed as the auditor of the said company, while vicariously performing the registration work of C.

On October 4, 2004, the defendant should make a provisional attachment and provisional disposition with respect to real estate personally, and the plaintiff would promptly pay the expenses when he pays the expenses.

The Plaintiff lent KRW 50,000,000 to the Defendant by means of paying 50,000 won in full, including expenses such as stamp fees, service fees, registration tax and education tax, premium, guarantee insurance fee, etc. required by the Defendant for the disposition of prohibition of real estate disposition.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 50,000,000 and damages for delay.

2. The sole statement of evidence Nos. 1 and 8 alone is insufficient to recognize that the Plaintiff and the Defendant entered into an agreement or a monetary loan agreement between the Plaintiff and the Defendant to pay the amount of provisional disposition on behalf of the Defendant to the Plaintiff when the Plaintiff paid the provisional disposition cost, and that the Plaintiff paid the amount of KRW 50 million on behalf of the Plaintiff, and there is no other evidence to prove otherwise.

3. The plaintiff's claim for the conclusion is dismissed as it is without merit.

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