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(영문) 부산지방법원동부지원 2016.07.20 2015가단20867
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that he lent money of KRW 30 million to C, which was known to the Plaintiff in his usual sense.

C again lent the money to the defendant, and the certificate of loan received from the defendant was presented to the plaintiff.

C has lent the above money to the Defendant for gambling, and the Plaintiff became aware of the fact later.

Therefore, the Plaintiff is obligated to pay to the Defendant KRW 30 million according to the loan certificate prepared by the Plaintiff and damages for delay.

2. Determination

A. First, according to the Plaintiff’s assertion itself, the other party that the Plaintiff lent money is C and is not the Defendant.

The defendant only borrowed money from C.

Therefore, the Plaintiff cannot request the Defendant to pay a direct loan.

Even if the Plaintiff promised from C to claim a loan claim against the Defendant by assignment of the loan claim against C, the loan contract for consumption is null and void in accordance with Article 103 of the Civil Act, or as illegal consideration, C cannot claim a return against the Defendant as illegal consideration.

(A) The plaintiff, who received the claim from C, cannot claim the return of the claim against the defendant.

B. Even if the Plaintiff, as the Defendant’s assertion, directly lent money to the Defendant, the Plaintiff may not claim for the return of the money as illegal consideration, in light of the overall purport of the pleadings, given that the Plaintiff lent the money to the Defendant with gambling funds, inasmuch as it is recognized that the Plaintiff lent the money to the Defendant as illegal consideration.

C. Any mother, or the Plaintiff’s assertion cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed on the ground that it is without merit.

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