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(영문) 인천지방법원 부천지원 2018.09.28 2017가단15401
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On September 23, 2009, the Plaintiff paid KRW 47,00,000 after deducting the Defendant’s friendship C from KRW 50,00,000,000. The Defendant, at the same date, issued the following loan certificates to the Plaintiff.

50,000,000 won will be fully paid for the development of Kimpo-si D. The ground for recognition has no dispute, Gap 1, 3, 6, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff paid the loan to the Defendant through C, and the Defendant alleged that the Plaintiff should return the loan amounting to KRW 50,000,000 to the Plaintiff, but the Plaintiff’s partial entry in the evidence Nos. 3 and 6 corresponding thereto is in conflict with the Defendant, and it is difficult to believe this as is, and the other evidence submitted by the Plaintiff alone, is insufficient to recognize that the Defendant was paid the loan.

Therefore, the plaintiff's above assertion is without merit.

Even if the Defendant received the loan, the Defendant agreed to repay the loan to the Plaintiff when the compensation for the above factory was paid, and there is no dispute between the parties as to the fact that the compensation was not paid. Thus, the Plaintiff’s above assertion is without merit.

B. As to the claim for deposit, even if the Plaintiff lent KRW 50,000,00 to C, the Defendant asserts that the Defendant guaranteed the Plaintiff’s obligation to the Plaintiff, and the Defendant does not dispute this. Thus, barring any special circumstance, the Defendant is liable to pay the Plaintiff the deposit amount of KRW 50,000,000 and delay damages.

In regard to this, the defendant argued that the plaintiff agreed to pay the compensation for the factory on the above land to the plaintiff, and that the compensation has not yet been paid, and the plaintiff does not dispute this.

Therefore, the defendant's above assertion is justified.

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