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(영문) 의정부지방법원 2017.04.21 2016가단16795

차용금

Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 10 million and the interest thereon from May 11, 2016 to the day of complete payment.

Reasons

1. As to the claim against Defendant B, the Plaintiff asserted that he lent KRW 30 million in cash to the above Defendant on July 18, 2012, and thus, it is not sufficient to recognize the above assertion solely on the basis of each order to submit financial transaction information to the Defendant bank and the Korean bank, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim against the above Defendant is without merit.

2. According to the evidence evidence and the purport of the whole argument as to the claim against Defendant C, the Plaintiff loaned KRW 20 million to the above Defendant on October 15, 2013. (In accordance with the evidence above, the Plaintiff can recognize the fact that the Plaintiff transferred the above money to the above Defendant on the above date. As to the receipt of the money under any pretext, the above Defendant did not provide any evidence of assertion.) On June 11, 2014, the Plaintiff was paid KRW 10 million out of the above loans from the above Defendant on June 11, 2014, and the Plaintiff was paid KRW 4. According to the evidence evidence No. 4, the Plaintiff paid KRW 15 million to the above Defendant on October 6, 2015, KRW 200,000,000 to the above Defendant on October 21, 2015, KRW 15,000,000,000,000 per annum of the loan to the above Defendant on March 31, 2016.

The above defendant asserted that the actual operator of the above defendant around October 15, 2013, the above loan date, E, the husband of the plaintiff's representative director D, and that the above defendant cannot be deemed to have borrowed the above money from the plaintiff. However, the evidence Nos. 1, 2, and 3 alone cannot be deemed to have been the actual operator E, and there is no other evidence to acknowledge it, and even if the above defendant was the actual operator E.