대여원리금지급
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 13, 2006, the Defendant completed the business registration with the trade name of “C” as the date of opening the business in the North Incheon District Tax Office. In substance, D, the husband of the Defendant, operated the above “C” and operated the wholesale and retail business of medical appliances, quasi-drugs, etc.
On the other hand, E completed the business registration on June 10, 201 with the trade name of "F" as the date of opening the business in the North Incheon National Tax Office, and then manufactured and sold non-pharmaceutical products.
B. D and E decided on May 201, 201 to manufacture and supply Make to D and sell them.
On June 13, 2011, the Plaintiff transferred KRW 40,000,000 to the Agricultural Cooperative Account, and E used it as the cost of Maak production.
C. On June 24, 2011, E entered into a sales contract with G Co., Ltd. for children “H” exclusive for children’s production.
On June 27, 2011, the Plaintiff transferred KRW 88,000,000 to the Agricultural Cooperative Account E.
D On the other hand, around July 201, it was supplied with 40,00 even fish for the above children. D around the end of July 201.
Afterwards, the Plaintiff, E, and D agreed to contribute to the Plaintiff’s funds, E, and D’s private business chain F, and D’s private business chain C, respectively, and the ratio of profit distribution to the Plaintiff, E, and D’s profit distribution was set to 1:1:1.
In relation to the foregoing business, the Plaintiff remitted total of KRW 170,000,000 to E’s corporate bank account from January 6, 2011 to February 6, 2012.
E. On February 24, 2012, after remitting KRW 170,000 to E, the Plaintiff additionally remitted KRW 100,000,000 to E’s corporate bank account (hereinafter “the instant money”).
F. On February 27, 2012, the Plaintiff, E, and D established Company I for the partnership business, and E was a representative director and director, and the Plaintiff was an auditor.
On March 8, 2012, I completed the registration of the wholesale and retail business of non-pharmaceutical drugs, etc. on January 31, 2012, with the date of opening the business.
The plaintiff, E, and D shall be incorporated as above, I and even after the business.