beta
(영문) 창원지방법원 2018.08.22 2016가단17463

대여금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff A is the nominal owner of the “E” workplace located in Kimhae-si, and Plaintiff B is the husband of Plaintiff A, who borrowed the Plaintiff’s name and actually operated the said E.

The defendant is a person who operated the "H" place of business in Busanjin-gu F and G.

B. On October 16, 2015, the Defendant newly established a place of business with the trade name “J” from “Ginhae I”.

C. On October 22, 2015, around the time when the Defendant opened a new place of business located in Kimhae-si as above, Plaintiff B transferred KRW 75 million to the Defendant (Evidence A (Evidence 1). On November 27, 2015, Plaintiff B returned KRW 25 million from the Defendant via another account in the name of Plaintiff A (Evidence A).

(A) No. 2, d.

Plaintiff

B above C.

On November 27, 2015, after giving and receiving money between the defendant, the text messages sent and received with the defendant on November 27, 2015 as follows:

(F) The color part is that of Plaintiff B, and the color part is that of the Defendant.

On the other hand, Plaintiff B is above C.

separate from the money transaction as seen in the subsection, the livestock products were supplied to the Defendant on credit, and the said products were supplied to the Defendant on July 2016.

The credit outstanding amount, including the remaining 50 million won (=75 million won - 25 million won), was issued a “certificate of balance and investment payment” (A evidence 3; hereinafter “instant certificate”) with respect to the credit outstanding amount.

C H H H H H L C C C E H H H H C C C C NO

F. On July 21, 2016, around the date of the preparation of the instant confirmation document ( July 15, 2016), the Plaintiff B and the Defendant made telephone conversations with the following contents:

(Evidence No. 9) C B C B C B C B C B C B C B C B C B BP, Plaintiff B initially prepared documents with a loan of KRW 50 million, and sought the Defendant’s point of view that “investment money” is not “loan money,” and then deemed the title of the pertinent documents as “a balance and a written confirmation of investment amount.”

On May 26, 2017, the part of the statement of the defendant himself/herself among the first pleading protocol dated 2017.