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(영문) 인천지방법원 2020.08.18 2018나5836

대여금

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The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion that the Plaintiff: D and Defendant B operated the Plaintiff Company together; Defendant C, the spouse of Defendant B, registered D as the representative director of the Plaintiff Company E, and Defendant C as its inside director, respectively; Defendant B, who was detained in a separate criminal case and was fully operating and managing the Plaintiff Company; and Defendant B, when D was fully operating and managing the Plaintiff Company, the Plaintiff loaned KRW 19,200,000 in total to Defendant B for the purpose of paying the deposited money as indicated in the following table, interest, loan, etc. for Defendant B’s third party, and delayed payment for the amount of KRW 19,20,000 in total; Defendant B paid the Plaintiff the aforementioned KRW 19,20,000 and delayed payment for the aforementioned amount; and Defendant B, the spouse of Defendant B, also, is jointly and severally liable with Defendant B, to pay the Plaintiff the said money and delayed payment for the said money.

(2016) Contents of date (2016) no higher than

2. Money kept in custody (cash) 1,000,000 ATM withdrawals;

2. Money kept in custody (with respect to cash or F), 100,000

2. Money kept in custody (as regards cash and G), 200,000

3. Money kept in custody; 2. 1,000,000

3. Money kept in custody (as regards cash and G), 200,000

3. Money kept in custody (cash) 1,000,000

1. Money kept in custody (cash) 2,000,000

2. Money kept in custody (cash) 100,000

8. Money kept in custody (cash) 100,000

2. Transfer from Defendant B’s account at 200,000 on a deposit basis with interest on loans to Defendant B H;

3. 21.Sang 200,000

16. 3,000,000 on the pretext of a loan made to I;

2.25. Transfer from the Plaintiff Company account 1,000,000.

3. 21. Transfer from the International Attorney-at-law's fee 1,000,000 D account;

3. Transfer from the Plaintiff Company Account of 500,000 on the pretext of a loan made to I on 28.28.

31. Any balance of the attorneys-at-law fees from D Accounts 2,000,000;

4. Transfer from the Plaintiff Company Account of 500,000 on the pretext of a loan made to I;

24. Transfer from D accounts of 800,000,000

4.1. The defendant.