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(영문) 수원지방법원안양지원 2013.03.13 2011가단12727

대여금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. The defendant's judgment on the defendant's main defense of safety alleged that the plaintiff's loan claim for payment as the lawsuit of this case had already been completed before the lawsuit of this case was filed, and thus the lawsuit of this case should be dismissed. However, the issue of the expiration of extinctive prescription depends on the judgment on the merits, and therefore the defendant's defense

2. Judgment on the merits

A. Basic facts 1) Defendant Company was a corporation that manufactures, sells, and operates network networks, communications networks, manufacturing networks, and parts, and the Plaintiff who retired from office as vice president on January 11, 2001 was established as the principal axis. The Plaintiff invested in the name of son instead of her own name at the time of establishment due to the relationship with the business of Defendant Company and the above C business. The Plaintiff used races, etc. known to Defendant Company C at the time of its establishment to attract or seek advice from ELD Business Start-up Co., Ltd., and operated the Defendant Company. 2) E was employed as the representative director of the Defendant Company at the Plaintiff’s recommendation from January 28, 2002 to January 20, 201.

3) The Plaintiff listens to the speech that it is difficult to operate the Defendant Company due to the financial shortage from E, and has the wife F transfer the sum of KRW 500 million to the Defendant Company’s account in the name of E (hereinafter “the instant money”) with the operating capital of the Defendant Company. < Amended by Presidential Decree No. 17817, Dec. 26, 2002; Presidential Decree No. 17068, Dec. 30, 2002; Presidential Decree No. 18170, Feb. 25, 2003; Presidential Decree No. 18170, Mar. 27, 2003; Presidential Decree No. 17080, May 23, 2003; Presidential Decree No. 17080,

(4) E transferred the transferred KRW 500 million to the Industrial Bank of Korea account of the Defendant Company on the same day, and managed the account with the representative director’s annual revenues, and used it for the management funds of the Defendant Company, such as employees’ wages, office rents, and cost of purchasing parts, and borrowed part of the transferred KRW 500 million individually from G to the Defendant.