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(영문) 서울남부지방법원 2015.04.17 2014가합11919
대여금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff transferred the Defendant’s representative director C’s personal account KRW 10 million on February 28, 2012, KRW 50 million on March 2, 2012, KRW 30 million on March 6, 2012, KRW 50 million on March 9, 2012, KRW 40 million on March 27, 2012, KRW 15 million on April 10, 2012, and KRW 30 million on April 23, 2012 (hereinafter “instant money”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 to 7, the purport of the whole pleadings

2. The parties' assertion;

A. The plaintiff's assertion that the plaintiff lent the money of this case to the defendant, and the defendant is obligated to pay the money of this case and damages for delay from the day immediately after the date of the final lease.

B. The defendant's assertion is that C, the representative director of the defendant, only worked as the vice president of the plaintiff, paid C the instant money to the defendant under the condition that C would assist the defendant's business, and the defendant does not bear a debt equivalent to the instant money against the plaintiff.

3. In light of the circumstances below, each statement of Gap evidence Nos. 2, 8, and 9 (including a serial number; hereinafter the same shall apply) is insufficient to acknowledge that the plaintiff lent the money of this case to the defendant, and there is no other evidence to support this. Thus, the plaintiff's assertion is without merit.

① First, as seen earlier, the Plaintiff transferred the instant money to the account in the name of the Defendant, not the account in the name of the Defendant, but the account in the name of C.

② No document was prepared to prove that the Plaintiff and the Defendant lent the instant money.

Article 1 (Creation and Amount of Debt) The Defendant, instead of aiding and abetting the sale and distribution of the Plaintiff’s medical device, lends KRW 300 million to the Defendant. The Plaintiff, each month from December 15, 201 to March 31, 201, paid KRW 500,000 to the Defendant, and KRW 0.5% of the gross amount of sales of medical device sold in the Yong-Namn region, shall be paid as merit payment, and KRW 5,00,000,000.

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