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(영문) 수원지방법원평택지원 2017.12.15 2016가단50714

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the parties’ assertion is the cause of the instant claim. (1) The non-party B entered into a business expansion contract with the Defendant to pay 50% of the total sales revenue to the Plaintiff through a business expansion with the Plaintiff as to the supply of bits, etc. to the non-party ELmmmmmar (hereinafter “non-party 1”) between the Defendant’s managing director and the Defendant’s subsidiary company, and the Defendant’s representative director, and the Plaintiff is entitled to represent the Defendant and C as proxy. (1) The Plaintiff entered into a business expansion contract with the Defendant to pay 50 billion U.S. dollars to the Plaintiff through a business expansion. (2.5 billion U.S. dollars) in preparation for the case where C and the Defendant represented by B did not pay a business expansion (hereinafter “this case’s business expansion guarantee contract”). (2.5 billion U.S. dollars) around December 23, 2014; and (3) the Plaintiff did not pay 201.5 billion U.S. dollars to the Defendant’s representative account.

Even if so, the defendant asserts that the above amount should be paid according to the legal principles of expression representation or the ratification of the defendant.

As to this, the Defendant: (a) paid a business expansion to the Plaintiff by Chinese corporation, and (b) recognized that it actually paid it to the Plaintiff; (c) however, there is no security of the Defendant, which is a Korean corporation, and (d) B and A8 forged by using the Defendant’s private seal, the representative director of the Defendant located in China, and (b) the Defendant borrowed money from the Plaintiff on or around March 2016.