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(영문) 수원지방법원 2019.01.08 2017나12421
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The plaintiff asserts that at the request of the defendant B, the plaintiff lent the defendants a total of KRW 11 million to KRW 8 million on April 22, 2014, and KRW 11 million on May 11, 2014, to the defendants, at the request of the defendant B, the plaintiff sought payment of KRW 10 million and delay damages from the above loans against the defendants, while the defendant B received the above KRW 11 million from the plaintiff to the defendant C's deposit account at the temporary time. However, although the above money was used as gambling funds and received pursuant to an agreement to pay half of profits to the plaintiff, the plaintiff did not have any obligation to return the above money as illegal consideration. The defendant C did not borrow money from the plaintiff.

2. Determination as to the claim against the defendant B

A. The Plaintiff’s loan of KRW 11 million to Defendant B on April 22, 2014, and KRW 3 million on May 11, 2014, to Defendant B is either a dispute between the parties or recognized through the statements or videos in the evidence Nos. 1 and 2. Thus, Defendant B is obligated to pay the Plaintiff the Plaintiff the amount of KRW 10 million and the delay damages incurred therefrom, barring any special circumstance.

B. As to the determination of the defense, Defendant B borrowed KRW 11 million from the Plaintiff to use for gambling money, which constitutes illegal consideration under Article 746 of the Civil Act, and thus, Defendant B does not have any obligation to return it.

In light of the following circumstances, it is reasonable to view that Defendant B borrowed KRW 11 million from the Plaintiff for the purpose of using for gambling money, and the Plaintiff also lent the money despite being aware of such circumstances. The lending agreement concluded between the Plaintiff and the Defendant B is good custom and others.

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