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(영문) 부산지방법원동부지원 2019.11.27 2019가단335

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The defendant was the representative director of C Co., Ltd. (hereinafter “C”).

B. On December 9, 2008, the Plaintiff received the following loan certificates from the Defendant (hereinafter “the instant loan certificate”).

(j) At the time of repayment with the above amount borrowed as the I Corporation's down payment: 50,000,000,000: on December 9, 2008, 2008, by the President of the Busan Northern-gu Dispute Resolution Co., Ltd., Ltd., in the case of loans from bank PF loans (in February 9, 2009).

C. From December 9, 2008 to December 30, 2008, the Plaintiff transferred the sum of KRW 49,819,000 (hereinafter “instant money”) as requested by the Defendant as follows:

A person who received remittance on the date of earlier December 10, 208,000 FFFFFF C on December 9, 2008 3: (i) December 17, 2008; (ii) December 10, 200,000 on December 9, 2008; (iii) December 17, 2008; (iv) December 10, 200,000 on December 17, 2008; (iii) Defendant 5,00,000 on December 30, 30, 200 intellectual works on December 30, 208; (iv) Defendant 70,000,000 on December 30, 200; and (v) Defendant 40,000,000,000 on December 30, 208; and (v) Defendant 40,009,000 each of the arguments included in Gap evidence Nos No.

2. The Plaintiff asserted that the Plaintiff lent the instant money to the Defendant, who is an individual, and the Defendant asserted that the lender of the instant money is not the Defendant, but the Defendant is not the individual.

In addition, the plaintiff asserts to the effect that C is responsible for the repayment of the instant money, as it has abused the corporate personality of C as a means to avoid the application of the law to the defendant's individual company or to avoid the application of the law to himself.

3. Determination

A. As to the instant money obligor, who is the party to the one contract is the party to the contract, constitutes a matter of interpretation of the intent of the party involved in the contract.

The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and the content of any contract shall be written between the parties as a disposal document.