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(영문) 의정부지방법원 2016.09.29 2015나13806

양수금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 30, 2014, the Plaintiff asserted that Nonparty C lent KRW 55,500,000 (China KRW 300,000) to the Defendant in China, but transferred the above loan claim to the Plaintiff on December 30, 2014, and notified the Defendant of the fact of transfer. As such, the Plaintiff claimed that the Plaintiff pay the above loan amounting to KRW 55,500,000 and delay damages therefrom to the Defendant.

Accordingly, the defendant asserts that the defendant is not the defendant's individual but the defendant is not the defendant's individual, and the defendant is a limited company in general interest, so the defendant does not have the above 5,500,000 won.

2. According to the following circumstances, Gap 5, 9, 10, 12 evidence, Eul 1, and Eul 1 and 2 (including each number), each of the statements and arguments, which can be acknowledged as being comprehensively based on the overall purport of each of the following facts: ① the loan contract in China (the evidence No. 5; hereinafter "the loan contract in this case") is written as "E LLC LLC LLC LLC (the name of the defendant)"; ② the loan contract in this case is stated as "the E LLC LLC : The loan contract in this case was introduced to the defendant at the time of the loan contract in this case; ② The loan contract in this case was also stated as "the fund for the operation of E LLC LLC : the defendant lent money to the defendant; ③ The loan contract in this case was prepared as security at the time of the loan contract in this case, with the statement that "E LLC LLC LLC LLC LLC LLC LLC LLC LLC," and the defendant's manager at the time of the loan contract in this case.

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