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(영문) 서울중앙지방법원 2015.09.02 2014가합34060

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. Before 2008, the Defendant, who had operated a dental clinic, returned to the Canadian and decided to open the dental clinic again on January 201, 201.

B. The Plaintiff, who operated the dental equipment construction business and medical device manufacturing and selling business, proposed that the Defendant, known to the general public, would help the Plaintiff to prepare for the opening of the dental clinic and to help the Plaintiff suffer difficulties in raising funds. Accordingly, the Defendant entrusted the Plaintiff with all accounting management, including the management of the opening of the dental clinic, including the purchase of dental clinic and medical equipment, and the management of the operation fund of the dental clinic. However, the Plaintiff provided that the Defendant will subsequently settle and return the shortage of funds on behalf of the Defendant.

C. Accordingly, the Plaintiff began to pay the expenses of interior medicine, equipment, office supplies, operating expenses, etc. from around November 201 to around 201, such as commencing interior medicine work at his own expense before moving into approximately 204, 205, 206, and 207 of the building of the 6th ground located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant building”).

On the other hand, between E and E, a lessor, on February 20, 2012, the Defendant: (a) drafted a lease contract for real estate with the content that the instant building is leased at KRW 50,000,000; (b) monthly rent KRW 4,500,000 (excluding each value-added tax); and (c) from February 20, 2012 to February 20, 2017; and (d) paid KRW 50,000,000 to E on March 5, 2012.

On January 25, 2012, the Defendant completed business registration regarding the F dental clinic (hereinafter “instant dental clinic”) on the instant building, and began the instant dental clinic business from February 2012.

On the other hand, after completing business registration with the trade name "G" in the instant building around August 2012, the Plaintiff himself/herself around 60 square meters among the instant buildings.