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(영문) 서울중앙지방법원 2016.07.21 2015가단158676
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to Gap evidence No. 1’s judgment as to the cause of the claim, the Plaintiff’s loan of KRW 50,000,000 to the Defendant on January 17, 2013, setting the repayment date as July 17, 2013, annual interest rate of KRW 5% per annum, and delayed interest rate of KRW 25% per annum (hereinafter “instant loan agreement”).

Therefore, the Defendant is obligated to pay the principal and interest of the instant loan to the Plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that in the process that the plaintiff paid KRW 50,00,000 to C with the business expense subsidy, the defendant lent only the name of the lender formally without the intention to bear the actual loan obligation, and the plaintiff was also aware of all such circumstances at the time, and thus, the loan agreement in this case constitutes a false conspiracy and thus null and void.

(b)in order to constitute a false declaration of intention, there must be an agreement between the other party and the other party as to the inconsistency without the intention of the declaration of intention and the indication.

In full view of the following circumstances recognized by Gap evidence 2, Eul evidence 4-1, Eul evidence 4-2, Eul evidence 5-1, Eul evidence 5-2, Eul evidence 5-2, witness D, and each testimony of Eul together with the overall purport of the pleadings, the plaintiff remitted the defendant to the defendant as the debtor in the form of the loan agreement of this case in order to pay business expenses to Eul, and thus, it is reasonable to view the loan agreement of this case as invalid as a false agreement.

- C is a real operator of E Co., Ltd., and around 2008, upon request from the Head of H Project G of Saudi Arabia F University G (hereinafter referred to as “instant protet”) in Korea to introduce physically possible companies in Korea.

- C received, through the chairperson of the defendant I, D, a managing director in charge of the plaintiff's business, and entered the Republic of Korea with D as Saudi Arabia and consulted with the person in charge of the project of this case.

- C During that period, through I and D, the Plaintiff.

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