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(영문) 창원지방법원통영지원 2016.09.27 2016가단249
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that September 10, 2015 lent KRW 100 million to the defendant company.

According to the evidence No. 2, on September 10, 2015, the plaintiff's transfer of KRW 100 million to the account of the defendant's representative director C's account on September 10, 2015.

However, in full view of the following circumstances where evidence Nos. 1, 7, 1, and 2 revealed the result of the fact-finding and the overall purport of the pleadings against the Sungdong Shipbuilding Marine Co., Ltd., the Plaintiff’s 100 million won as loans is the deposit money which the E Co., Ltd. acquired by the Plaintiff is obligated to pay to the Plaintiff to maintain the status of Sungdong Marine Co., Ltd., the Defendant Co., Ltd. is not obligated to pay to the Plaintiff.

① On September 3, 2015, the Plaintiff acquired, from the representative director C of the Defendant Company, the E Company, a subcontractor of the Sungdong Shipbuilding Marine Co., Ltd. at KRW 100 million.

In order to maintain the registration of the collaborative company of the E company in response to this paragraph, the Sung Dong-dong Marine Co., Ltd. demanded the provision of cash of KRW 100 million as security, and on September 4, 2015, the defendant Co., Ltd made a letter of commitment that the representative director of the E company is jointly responsible for the delayed payment of wages of the E company and damages related to the construction

② On September 10, 2015, the Plaintiff remitted KRW 100 million to D’s account, and on the same day, the Defendant Company remitted KRW 100 million to the national bank account in the name of the Plaintiff (E). On the same day, the Plaintiff wired KRW 100 million from the said account to Sungdong Shipbuilding Marine Co., Ltd., the Plaintiff paid the deposit.

The plaintiff did not immediately pay 100 million won of the deposit to the Sung-dong Marine Co., Ltd., and, when the financing source of the deposit was fabricated as the defendant, sent KRW 100 million to D's account.

In this regard, the defendant pretends that the Sungdong Shipbuilding Marine Co., Ltd. will accept the registration of the collaborative company of the E company because it was unable to trust the plaintiff, and that the defendant will actively assist the plaintiff.

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