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(영문) 수원지방법원평택지원 2015.04.08 2014가합9153
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From August 11, 2009 to September 10, 2012, the fact that the Defendant’s account was deposited in the Defendant’s account in total of KRW 1.142 million in the Plaintiff’s name during the period from August 11, 2009 to September 10, 201 that the KRW 360 million was returned may be acknowledged by taking into account the following as a whole: there is no dispute between the parties; or there is no dispute between the parties; or the purport of the entire pleadings in the entries in the evidence

2. Summary of the parties’ assertion

A. The Plaintiff filed the instant claim with the Defendant only for the difference between KRW 1142 billion and KRW 360 million, which is KRW 782 million. The Plaintiff asserted that KRW 762 million and KRW 512 million donated by C, respectively, (the Plaintiff asserts that the Plaintiff consists of KRW 250,000 and KRW 512,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Since the defendant lent the money to the plaintiff, the above money and the damages for delay shall be refunded to the plaintiff.

B. The above money is not lent to the defendant by the plaintiff, but lent to the defendant by C who was the plaintiff's spouse by lending the plaintiff's name.

3. Determination

A. In a case where a person who executes a contract performs a juristic act in the name of another person, as to whom the actor and the other party are the party to the contract, whether the actor and the nominal person are the party to the contract shall first be determined as the party to the contract in accordance with the consent of the actor and the other party. In a case where the intent of the actor and the other party are inconsistent, if the other party are reasonable, based on the overall circumstances before and after the conclusion of the contract, including the nature, content, and purpose of the contract, the other party shall be determined in accordance

(see, e.g., Supreme Court Decision 2004Da45400, Dec. 21, 2006). In this case, money deposited in the Defendant’s account between August 11, 2009 and September 10, 2012 and money deposited in the Defendant’s name from the Defendant’s account to the Plaintiff’s account in the name of the Plaintiff.

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