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(영문) 청주지방법원 2019.10.10 2019나11280

대여금

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1. Revocation of the first instance judgment.

2. The Defendant’s KRW 95,00,000 for the Plaintiff and its related costs from October 11, 2018 to October 2019.

Reasons

1. The following facts are recognized in full view of the respective descriptions of Gap evidence Nos. 1, 2, and 5 (including each number) and the purport of the entire pleadings as to the cause of the claim:

A. The Defendant is a highly friendly person with a knowledge of the three-year period between the next natives and the Plaintiff.

B. Upon the Defendant’s request, the Plaintiff remitted each of the KRW 50 million to the account under the Defendant’s name on March 22, 2011, KRW 50 million on March 24, 2011, KRW 50 million on March 24, 2011, and KRW 40 million on January 28, 2014.

C. Nonparty C Co., Ltd (hereinafter collectively referred to as “C”) was established on November 24, 201, and the Defendant served as a director, representative director, joint representative director, and director from the time of establishment to November 24, 2014 (on February 13, 2019), respectively.

Meanwhile, the Plaintiff lent KRW 50 million to the account under C’s name on January 15, 2014, KRW 497 million on January 17, 2014, and KRW 45 million on January 24, 2014.

E. C remitted the amount indicated below to the account in the Plaintiff’s name on the same date as indicated below.

According to the circumstances described in the No. 10,00,00 A on December 31, 2014, 100,000 A, 30,000 Niton on February 26, 2015, 300 Niton on March 4, 2015, 1,000 A 40,000 A 5,000 on September 26, 2015, 30,000 on September 26, 2015, the Plaintiff lent KRW 1,000,000 to the Defendant on September 1, 200, 300,000 on September 1, 20, 2015, 105, 10,000,000 A, 70,000 B,00 on October 30, 205, 2015.