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(영문) 인천지방법원 2015.07.14 2014나11321

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts: (a) the Plaintiff provided a loan to the Defendant operating a cosmetic Co., Ltd. (hereinafter “C”) from around 2000 to October 31, 2008 on several occasions; and (b) the Defendant paid the above loan from time to time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The plaintiff agreed that U.S.'s personal business chain U.S. shall half the balance of the goods sold to the business partner with the exception of principal and pay it to the plaintiff. The plaintiff asserts that the defendant is obligated to pay the above money by the return of the loan or the payment of the agreed amount of the loan, because the money directly transferred from the business partner to the account in the name of C, or the money deposited by the defendant to the account in cash received from the business partner was not paid to the plaintiff in the name of 30,266,744 won, as the defendant did not pay it to the plaintiff.

B. The defendant's above 30 million won portion asserted by the plaintiff was judged in the previous judgment, but it is against res judicata since the plaintiff's only assertion was replaced by another suit, and it does not so.

Even if there is no evidence to prove the plaintiff's assertion.

3. On March 22, 2007, the fact that the Defendant prepared and delivered a loan certificate stating that “The Plaintiff agreed on March 22, 2007 with the recognition of KRW KRW 30,000 (30,000) out of the amount entered into the corporate account in the investment relationship between the Defendant and the Plaintiff (30,000,000)” (the evidence No. 2 of this case; hereinafter “the loan certificate of this case”) to the Plaintiff is not a dispute between the parties.

However, the Defendant stated the loan certificate of this case in the corporate passbook. 30 million won out of the amount deposited in the corporate passbook.