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Reasons
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(영문) 광주지방법원 2017.01.06 2016가단513895
대여금
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. At the time of incorporation of a company that runs real estate leasing business, the representative director C and the auditor were Nonparty D (E after the name of the company was opened; hereinafter “D”).

B. On September 29, 2006, the Plaintiff transferred KRW 18,000,000 to Nonparty D via the Plaintiff’s post office account.

C. On May 23, 2007, the Plaintiff transferred KRW 35,000,000 to Nonparty D via the Plaintiff’s post office account.

[Ground of recognition] Evidence Nos. 1, 5 through 9 (including paper numbers), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) on September 29, 2006: (a) the Plaintiff remitted KRW 18,000,000 to Nonparty D; (b) lent KRW 3,000,000 out of the above money to the Defendant; (c) on May 25, 2007, the Plaintiff lent KRW 35,000 to the Defendant by means of remitting KRW 35,000,000 to Nonparty D; and (c) on April 12, 2007, lent KRW 35,00,000 to the Defendant, the Defendant is obligated to pay the Plaintiff a total of KRW 73,00,000,000 and damages for delay.

(2) On May 23, 2008, the Plaintiff disposed of part of the Plaintiff’s real estate, and subrogated for “the Defendant’s debt of KRW 40,000,000 on behalf of Nonparty F,” on behalf of the Defendant, the Defendant is obligated to pay the Plaintiff the above KRW 40,000,000 on the pretext of the amount of indemnity and the delay damages therefor.

B. (1) As seen earlier, the Plaintiff’s transfer of KRW 18,00,000 to Nonparty D on September 29, 2006, and KRW 35,00,000 to Nonparty D on May 23, 2007 is as follows: (a) there is no direct evidence or disposition document (Evidence) proving whether such amount is a loan to the Defendant; and (b) there is no specific assertion as to the maturity period or agreement for each loan; and (c) there is no specific assertion as to each loan, each statement in the evidence Nos. 1 through 37 (including number) submitted by the Plaintiff.

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