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(영문) 수원지방법원여주지원 2016.11.16 2015가합11433

대여금

Text

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

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

Reasons

1. Basic facts

A. The Defendant’s husband C was the representative director of D (hereinafter “D”) who runs the aggregate extraction business from December 8, 2006 to April 11, 2008.

B. C has not been normally operated due to the anti-competitive competition with competitors, and even though there was no application for a loan to the Ansan Mutual Savings and Finance Company, around August 8, 2007, it is necessary to KRW 200 million to obtain a permit from the Plaintiff at the office of the D, and to obtain a permit from the Gun Office for the aggregate picking work in progress.

Currently, it is under examination by requesting a loan to the Gyeyang Mutual Savings and Finance Company, and if only two weeks exist, it is expected that the loan will be repaid as the loan will be paid if it is lent KRW 200 million.

c. Accordingly, on August 10, 2007, the Plaintiff deposited KRW 150 million from the Agricultural Cooperative Account under one’s name (hereinafter “the instant account”) to the Defendant and sent KRW 48 million from August 14, 2007 to the Defendant’s account under the name of E Co., Ltd. (hereinafter “the instant money”). Meanwhile, on the other hand, the Plaintiff raised the instant money through one’s own type F. As to the instant money, on August 10, 2007, between the Plaintiff’s sales type F and the representative director of G Co., Ltd. (hereinafter “G”) and H (the Defendant’s representative director), “GF (the Defendant’s obligor’s representative”) to the due date for repayment of KRW 198 million,000,000,000 from the instant account to the Defendant’s name of E Co., Ltd. (hereinafter “the instant money”). On the other hand, the Plaintiff raised the instant money through one’s own type F.D., the Plaintiff’s representative director of H (the Defendant’s representative”).

The creditor seems to be a clerical error.

If G exercises the above right of a loan on August 13, 2007, the loan certificate dated August 13, 2007 is to be borrowed KRW 150 million from G and D, the above content is not required, but the following is not required:

As seen in this case, the letter of this case also states "G (F)" in relation to the loan certificate as of August 13, 2007, and the F is as of August 10, 2007.