logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.01.26 2016가단14419
대여금
Text

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

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 written evidence, the fact that KRW 200 million was remitted from E Co., Ltd. (hereinafter “E”) to the Plaintiff’s passbook, the representative director, and the fact that the Plaintiff remitted KRW 100 million to Defendant C and Defendant D’s account on July 31, 2013 can be acknowledged.

2. The assertion and judgment

A. Defendant B and Defendant C loaned KRW 800 million to the Plaintiff, Defendant D, and F in relation to the sale of multi-household houses and commercial buildings on the 8th parcel outside Gwangju City, G, and the Plaintiff lent KRW 200 million as above.

On April 20, 2015, Defendant B and Defendant C prepared and delivered a letter of commitment performance that paid 230 million won to the Plaintiff four times, and that 3% interest per month shall be paid at the expiration of the period. Defendant B and Defendant C paid 87.5 million won in total, including 7.5 million won on August 3, 2015, and 2.5 million won on September 1, 2015, and did not pay 142,500,000 won in total.

Therefore, Defendant B and Defendant C have a duty to pay the money stated in their claim because they borrowed money from the Plaintiff, and Defendant D received KRW 100 million from the Plaintiff.

B. As the defendants lent money to the plaintiff's husband H, the plaintiff is not the plaintiff but the plaintiff's husband H, so the lawsuit of this case is unlawful. However, in the performance lawsuit, the plaintiff has standing to sue. Thus, the plaintiff's defense is without merit.

B. As to whether the Plaintiff lent money to the Defendants, the obligee of the monetary loan agreement of KRW 800,00,00,00,000,000,000, as a whole together with the purport of the entire pleadings as to whether the Plaintiff lent money to the Defendants, H, D, and F, and the obligor is Defendant B and Defendant C, and the counterparty of the commitment performance note of April 20, 2015 between Defendant B and Defendant C, E, H, D, or H.

arrow