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(영문) 의정부지방법원 2016.01.08 2015가합51132

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff: (a) determined as of January 27, 2012 as of August 2012, 201; (b) KRW 240,000,000 as of June 1, 2012 as of September 11, 2012; (c) KRW 100,000 as of June 15, 2012 as of June 201, 2013; (d) determined as of June 18, 2012 as of June 18, 2013; and (e) KRW 5,00,000,00 as of June 18, 2013; and (e) determined as the maturity date of repayment on December 14, 2012 as of June 2013; and (e) lent KRW 5,00,000,000, respectively.

Therefore, the defendant is obligated to pay the plaintiff the total amount of the above loan amount of KRW 360,000,000 and damages for delay.

B. Defendant’s assertion 1) did not receive KRW 240,00,000 from the Plaintiff on January 27, 2012. (2) The Defendant paid KRW 100,00,000 from the Plaintiff on September 11, 2012, but it did not borrow the above money, contrary to the Plaintiff’s assertion, by C Co., Ltd. (hereinafter “C”) which was the representative director of the Plaintiff (hereinafter “C”) subcontracted for a mechanical facility construction among DD construction works, during the process of carrying out the said construction work, while having been subcontracted for D’s construction works from D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s E, which had worked at the construction site.

3) The Defendant received KRW 10,000,000 from the Plaintiff on October 15, 2012, but this did not have borrowed the said money as alleged by the Plaintiff, since it was paid as a part of the staff working at the said construction site. (4) The Defendant received KRW 5,00,000 from the Plaintiff on November 18, 2012 as a part of the F’s leave fee, which is a d well-being employee, and only received KRW 5,000,000 as his own leave fee on December 14, 2012, and did not borrow the said money as alleged by the Plaintiff.

2. Determination

A. We examine the claim of KRW 240,000,000 (the above 1-A) on January 27, 2012 (the Plaintiff’s claim of KRW 1-A), and according to the result of this court’s response to the order to submit financial transaction information, the Plaintiff deposited KRW 240,000,000 from C’s account as a check, and the said amount was deposited.