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(영문) 수원지방법원 2018.05.25 2017가합22899

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that, around the end of 2016, the defendant entices the plaintiff to lend the business fund related to the health auxiliary food distribution business that made use of raw materials that made by the Japanese company manufacturing Thai injection to the plaintiff as well as the return of principal if the business fund is lent to the plaintiff, and that, on February 3, 2017, the plaintiff remitted the amount of KRW 200,000,000 to the account designated by the defendant, but the business was not actually proceeded, and the above money was not returned. The plaintiff claimed that the defendant pay damages to the defendant for KRW 210,000,000 and KRW 10,000 as well as damages for delay.

2. The fact that the Plaintiff remitted KRW 200,00,00 to the national bank account (Account Number D) in the name of the Defendant, a representative director, for business funds, on February 3, 2017. However, there is no dispute between the parties. Furthermore, it is insufficient to recognize the Plaintiff’s assertion that the existence of an agreement on the return of the borrowed money or the issuance of the proceeds and the receipt of the said money by the Defendant without the intent or ability to return the said money by deceiving the Plaintiff by borrowing the health auxiliary food distribution business, and there is no other evidence to acknowledge it. The Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.