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(영문) 서울동부지방법원 2018.05.25 2016가단124482
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, a family company established on May 31, 199, operated the Plaintiff’s auditor, the Plaintiff’s child, C, and D’s company as its representative director, and the director. The Defendant did not receive all the shares acquired from C around April 2015.

The acquisition of the company by the method becomes a director, and thereafter C/D resigns and became the only in-house director.

On the other hand, the Plaintiff retired from office as Defendant Auditor on February 28, 2014.

B. The Plaintiff’s deposit account, such as the LAF, was remitted with KRW 5 million on October 16, 2008, KRW 85 million on November 28, 201, KRW 10 million on January 31, 201, KRW 10 million on May 25, 201, KRW 50 million on September 25, 201, and KRW 7 million on December 21, 201, respectively.

C. On July 24, 1999, with respect to the real estate (hereinafter “instant real estate”) owned by the Plaintiff and the Plaintiff, the Plaintiff, the Plaintiff, the maximum debt amount of KRW 130 million, the mortgagee, the mortgagee, the mortgagee-mortgage-backed investment trust fund amounting to KRW 230 million on October 14, 199, the registration of the establishment of a mortgage was completed on November 14, 2001, each of the establishment of a mortgage registered in the name of the Plaintiff, the debtor, the maximum debt amount of KRW 230 million, the mortgagee-mortgage-backed investment trust fund amounting to KRW 230 million on November 14, 2001. The registration of the alteration of the debtor was completed on the ground of the contract acquisition on March 27, 2009. The registration of the establishment of a mortgage registered in the name of the Plaintiff, the debtor, the Defendant, and the non-mortgage-mortgage-mortgage-backed investment trust company was cancelled on the same date.

The Plaintiff and D sold the instant real estate to I on October 27, 2011.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1

2. Assertion and determination

A. The Plaintiff asserted 1 as the cause of the instant complaint, and the former representative director C of the Defendant Company had lent money from time to time as it is necessary to operate the said Company.

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