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(영문) 대구지방법원안동지원 2015.06.22 2014가단5579

대여금등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiff 1) The Plaintiff (former C Co., Ltd.) (former C Co., Ltd.) filed a claim for the return of security deposit (former C Co., Ltd.) with the Defendant, based on D’s introduction that was the former representative director of the Defendant, the right to permit the gathering of earth and rocks on land, E and four parcels, both E and the Plaintiff owned (hereinafter “instant permission right

(2) At the time, the Defendant: (a) transferred the instant permit to the Defendant in the future; (b) at the time, the Defendant demanded that the Plaintiff be provided with a bond for the collection of earth and stone because the expenses for restoring earth and stone may be imposed on the Defendant if the instant permit was not recovered; (c) around that time, the Plaintiff paid KRW 30 million to the Defendant as a bond; and (d) the Defendant promised to immediately return the bond upon the Plaintiff’s collection of the instant permit. However, even though the Plaintiff recovered the instant permit on or around August 2006, the Defendant refused to return the bond, and the Defendant is obliged to return the bond KRW 30 million (10 million). (2) A claim for reimbursement of the bond (10 million) at the request of the Defendant around December 2005, the Plaintiff paid the bond KRW 20 million at the face value issued by Samwon Technology Co., Ltd., upon the Defendant’s request, and thus, the Defendant should pay the remainder of the bill at the maturity of KRW 18 million to the Plaintiff.

3) The Plaintiff requested a loan (20 million won) to lend money to the Defendant at the request of the Defendant around May 2006 at around May, 2006, a bill with a face value of KRW 20 million issued by the Gwangju Construction Corporation (hereinafter “second bill”).

(B) The Defendant lent money to the Plaintiff. The Plaintiff did not borrow money from the Defendant, receive a bill from the Defendant, or receive the money in custody, and the evidence Nos. 1 and 2 was forged.

The defendant shall be at around 2005.