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(영문) 대구지방법원 2015.05.28 2014가합9421 (1)
대여금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant had a fluent relationship with the drinking house customers since December 2008.

B. On December 11, 2008, the Plaintiff: (a) registered Crastler vehicle under the name of the Defendant; and (b) signed a comprehensive automobile insurance contract with the Defendant as the contractor and the insured; and (c) delivered the instant vehicle to the Defendant; (b) the Plaintiff paid all expenses incurred in the purchase, registration, and purchase of the vehicle.

In December 2008, the Plaintiff paid KRW 5,50,000 to the Defendant’s dental treatment expenses.

C. When the Plaintiff was detained on January 15, 2009 due to the act of receiving money without delay, the Plaintiff delegated the Defendant to receive money from Nonparty D in lieu of the Defendant, and the Defendant received KRW 20 million in total of cash and checks from Nonparty D around that time.

The Defendant disposed of the instant automobile.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 4 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that "the plaintiff lent KRW 10 million to the defendant around December 2008."

The plaintiff borrowed the defendant's name on December 11, 2008 and lent it to the defendant for the registration of the motor vehicle in this case and for the operation of the motor vehicle in this case. The actual owner of the motor vehicle in this case is the plaintiff

However, as the Defendant disposed of this, it claimed KRW 59.8 million for the value of the instant vehicle, KRW 1,461,00 for insurance premiums, and KRW 3.8 million for the transfer of registration.

The defendant borrowed 5,500,000 won for dental treatment and paid the above hospital expenses by the plaintiff. In addition, on January 15, 2009, the defendant was detained by the plaintiff, and the cash and check to be received from the non-party D on behalf of the plaintiff, but did not return them.

On February 2009, the plaintiff paid 4 million won out of the amount of the plaintiff's custody and kept it to the defendant.

Therefore, the Defendant’s total sum of KRW 104,561,000 to the Plaintiff.

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