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(영문) 서울동부지방법원 2015.06.03 2014가합104184

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person operating a medical device Do and retail C, and the Defendant is a F’s wife, the president of the medical corporation E (hereinafter “instant foundation”) that operates the D Hospital at Pyang-si.

B. On July 9, 2010, the Foundation entered into a lease agreement with a mid-to long-term MDR (TOSHIBA, model: VITRT (Used; hereinafter “instant MDR machinery”) to lease the Plaintiff’s sold, and the Effective Capital Co., Ltd. (hereinafter “EI machinery”) entered into a sales agreement with the Plaintiff to purchase the instant MDR machinery as a leased object; on July 9, 2010, between the Plaintiff and the Plaintiff, the Foundation purchased the instant MDR machinery in KRW 650 million from the Plaintiff; and the Plaintiff received KRW 650 million from FIIF; and the Plaintiff transferred KRW 136 million in the name of G account designated by the Defendant; KRW 7 million in the name of H; KRW 9 million in the name of H; KRW 7 million in the name of H; KRW 900,000,0000 in the account; and KRW 97 million in the name of J. 90,000.

C. At the same time, the Plaintiff was entrusted with the sale of MIM machines in a significant amount of KRW 150,000,000, which was previously used by the D Hospital.

The plaintiff filed a complaint on the ground that "the defendant did not have the intent or ability to repay the loan amount of KRW 650,000,000,000 from the plaintiff and the plaintiff borrowed KRW 450,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and the remaining 300,000,000,000 won was not paid, and the defendant was subject to a disposition that was not suspected."

[Ground of recognition] The fact that there has been no dispute, entry of Gap's 1 through 4 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted the parties. The Plaintiff on January 2010.