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(영문) 서울서부지방법원 2016.11.16 2016가단18596

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 2010, the Plaintiff asserted that the Plaintiff borrowed funds necessary to establish a broadcasting production and exercise agency from the Defendant, upon receipt of the request from the Defendant, and lent the funds to the Defendant’s account under the name of the Defendant on February 19, 2010.

In other words, even if the above loan was promised to repay the amount of KRW 80,330,00,00 among them within one year after the establishment of the juristic person, that is, until February 2011, it is not yet paid out. Thus, the lawsuit in this case is sought.

2. The evidence presented by the Plaintiff in the judgment of this Court is only acknowledged that the Plaintiff remitted 100 million won to the Defendant’s account under the name of the Defendant, and it is insufficient to recognize that the said remittance was a loan to the Defendant, and there is no other evidence to acknowledge

Rather, on February 2010, the Plaintiff became aware of the Defendant by mediating C, and did not have any kind of trust to the extent that it does not engage in monetary transactions at the time. ② The Defendant and C used all transferred money to establish a corporation for broadcast production and event agency business, and did not have any money to be raised by C in the process; ③ according to these needs, C recommended the Plaintiff to invest in the money necessary for the establishment of the corporation; ③ the Plaintiff and C made an investment agreement (Evidence B) with the Plaintiff; ④ The Plaintiff and C transferred the money of KRW 100 million as alleged by the Plaintiff pursuant to the investment agreement. ④ The Defendant did not participate in the said investment agreement; ⑤ The character of KRW 100 million under the investment agreement appears to be investment money; ⑤ there was no content showing the characteristics of loans such as the period of repayment as alleged by the Plaintiff; ② the Defendant used the transferred money at the expense of the establishment of the corporation; ② the remainder to the account in the name of the Defendant after the establishment of the corporation; and ③ the fact that the Plaintiff and the Defendant did not receive any money in the account under the name of the Plaintiff.