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(영문) 창원지방법원 2019.01.10 2017나61192

대여금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion lent KRW 20,000,00 to the Defendant on June 24, 2015, and the Defendant is obliged to pay KRW 20,000,000 to the Plaintiff and delay damages.

2. The fact that there is no dispute over the cause of the claim, and the fact that the Plaintiff deposited KRW 20,000,000 with the account in the name of C designated by the Defendant on June 24, 2015 is recognized according to each of the statements in Gap evidence Nos. 1 and Eul evidence Nos. 1 and 1.

The defendant asserts that the above 20,000,000 won was invested in D, not by the plaintiff to the defendant.

In other words, at the time, the plaintiff, a vice-chairperson of E, made a withdrawal of the form of lending to D through the defendant, a vice-president of E, a stock company, on the ground that it is difficult to collect the funds if the plaintiff continues to make an investment of KRW 20 million in D, which is its affiliate, and accordingly, the defendant received 20 million from the plaintiff and paid it to D immediately.

In addition to the following circumstances, which are acknowledged by the purport of Eul evidence No. 2 and the entire pleadings, the defendant paid KRW 20,000,000 to Eul on the same day after receiving KRW 20,000 from the plaintiff, the plaintiff was participating in the management of the above company as the vice-chairperson of Eul Co., Ltd., and the plaintiff was also participating in the management of D Co., Ltd. after paying the above money, and the plaintiff did not receive a loan certificate from the defendant, and did not agree with interest, the evidence alone submitted by the plaintiff is insufficient to acknowledge that the plaintiff lent KRW 20,00,000 to the defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is without merit.

3. The plaintiff's claim shall be dismissed. The judgment of the court of first instance is just in conclusion.

The plaintiff's appeal is dismissed for lack of reason.