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(영문) 서울동부지방법원 2019.09.25 2017가단20198

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The plaintiff asserts that he lent KRW 200 million to the defendant. However, the plaintiff asserts that even if not, because the defendant acquired profits from receiving KRW 200 million without any legal cause, he/she sought restitution of unjust enrichment, or that he/she should either terminate the above deposit contract by delivering a copy of the complaint of this case and claim the return of the deposited property on the ground that the contract was concluded without any agreement between the plaintiff and the defendant.

The defendant asserts that the plaintiff invested KRW 200 million in C Co., Ltd. (hereinafter referred to as "foreign company").

B. 1) The Plaintiff’s corporate bank account (D; hereinafter “instant account”)

Roon April 5, 2010 KRW 100,000,000

6. A total of KRW 200 million (hereinafter “instant money”) was transferred.

2) The Plaintiff is the Defendant, E (after the opening of the name: F; hereinafter “E”).

(3) After the registration of incorporation was completed on April 12, 2010, the non-party company was registered in its name after the plaintiff was appointed as the representative director on April 30, 2010 as the representative director after the plaintiff was appointed as the representative director after he was requested to make an investment in his own coloring business, and the non-party company was appointed as the representative director after the plaintiff was appointed to resign from the office of the representative director because it was about to leave only the representative director due to the risk of the representative director and the plaintiff was appointed as the representative director.

4) Meanwhile, on April 9, 2010 and April 15, 2010, the Plaintiff registered the domain name of the non-party company (C.kr, C.com, C.N., etc.) under the Plaintiff’s name, and paid KRW 219,600 and KRW 146,400, but received a refund by receiving the above amount from the instant account under the Defendant’s name. 5) On April 7, 2010, the Plaintiff was returned from the instant account under the Defendant’s name.