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(영문) 대구지방법원 2016.10.14 2015가단109574
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserts that the Defendant, who became aware of the transactional relationship, requested a lending of money to the Defendant on June 201, that the Defendant lent KRW 30 million to the Defendant, and that the Defendant is obliged to pay the said loan amounting to KRW 30 million and delay damages therefrom, as the Defendant demanded repayment to the Defendant on March 2014.

B. As to this, the Defendant asserted that the above KRW 30 million was a donation to the Defendant by the Plaintiff’s representative director C without any condition.

2. According to Gap evidence Nos. 1, 3, and 14-1 and 2 as to the cause of the claim, Gap evidence No. 1, 3,000 won was withdrawn from the Korea Investment Securities Trust Account (Account Number E) to F on June 1, 2011, and the defendant received KRW 30,000 from F on June 1, 201. The plaintiff's monetary statement as of June 1, 201 stated "B) lending money and the Vice President Account No. 140,000,000 won was not granted to the plaintiff on June 1, 201, and the president of the account opened for each of the above facts that "No. 2,00,000 won was stated as the representative director on June 1, 201 (B) - No. 30,000 won was stated as the plaintiff's non-exclusive license on June 1, 201 to the plaintiff on June 1, 201.

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