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(영문) 수원지방법원 안양지원 2018.04.06 2017가단120217
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On March 15, 2016, the Plaintiff asserted that the Defendant will acquire D operation rights, which are the incidental events of C, hosted by the Cheongbuk-do, from the Defendant, around March 15, 2016, and paid the Defendant the sum of KRW 67 million by April 26, 2016.

However, the defendant did not have the authority to transfer the above D Operational License to the plaintiff, and did not make preparations for the exercise at all.

Accordingly, the Plaintiff demanded the return of the above KRW 67 million paid to the Defendant, and the Defendant prepared a letter of payment (Evidence A 4) stating that the payment will be made by June 10, 2016, and thus, the Defendant is obligated to pay the Plaintiff KRW 67 million and delay damages pursuant to the above letter of payment.

B. On the other hand, as alleged by the Plaintiff, as to whether the Defendant concluded a contract to transfer the above D Operational Right to the Plaintiff and agreed to return it later, the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it otherwise.

[In light of the statements in Gap evidence Nos. 2 and 4, the plaintiff is recognized to have entered into a contract with the defendant, not the defendant's individual, to acquire the above D's operating right, and even in the statement of payment (Evidence No. 4), the person liable for return is not the defendant's individual but the defendant's representative director B (the return amount is also stated as KRW 37 million).

In light of the above, it is difficult to deem that the Defendant’s individual agreed to return KRW 67 million to the Plaintiff. 2. If so, the Plaintiff’s claim is without merit, and thus, it is dismissed. It is so decided as per Disposition.

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