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(영문) 대구지방법원 2019.05.31 2018가단8337
보관금반환
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from January 1, 2012 to March 27, 2018 to the Plaintiff.

Reasons

1. Chief;

A. On March 11, 2011, the Plaintiff asserted that KRW 100,000,000 was due and lent to the Defendant on December 31, 2011.

B. The defendant's assertion 1) The defendant is a non-party corporation C (hereinafter referred to as "non-party company") around 2008.

(2) The Plaintiff, while running the business, was invested in KRW 50,500,000 in money from the Plaintiff for the purpose of using it as the above company’s funds. In addition, the Plaintiff concluded an officetel lease contract with KRW 20,000,000, monthly rent of KRW 1,800,000 after being appointed as a director of the non-party company, and paid the rent to the non-party company’s money, and the said KRW 20,000,000 as the monthly rent was not paid, was appropriated for the monthly rent, and the amount should be deducted from the claim amount, as the Plaintiff paid KRW 50,00,000 or more of the above company’s rental fee of the car used individually as the rental fee of the non-party company.

2. Determination:

A. According to the purport of Gap evidence Nos. 1 through 6 and Eul evidence Nos. 1 and the purport of the whole pleadings, the defendant recommended the plaintiff to invest money in the non-party company's operating fund due to the non-party company's lack of funds, which was promoting the construction of a multi-purpose officetel in Daegu Suwon-gu D. Accordingly, the plaintiff transferred KRW 5,050 to E and the non-party company's account from May 9, 2009 to September 22, 2008. The defendant was unable to return the above money to the plaintiff because the above office construction project was not promoted properly, and the defendant prepared a cash custody certificate (Evidence No. 1) containing the purport of paying KRW 100,000,000 to the plaintiff on March 11, 201.200 with respect to the plaintiff's claim for return of KRW 100,000 as above.

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