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(영문) 서울고등법원 2017.08.25 2016나2074478
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Determination as to the claim against the defendant company

A. The plaintiff's assertion that the plaintiff either lent an amount equivalent to KRW 265,216,59 to the defendant company or paid the price for goods on behalf of the defendant company as listed below. The defendant company is obligated to pay to the plaintiff 249,046,59 won, subtracting the amount of KRW 16,170,000 that the plaintiff directly collected from the customers of the defendant company from the defendant company among the above 265,216,599 won and damages for delay.

On July 24, 2014, the details of the number of days by item 1, 201: (a) on September 3, 2014, the Defendant Company’s established capital was paid instead of the purchase cost of the goods of the Defendant Company on September 3, 2014; (b) on August 5, 2014, instead of the purchase cost of the goods of the Defendant Company; (c) on August 5, 2014, the Defendant Company was paid 56,570,170 on behalf of the employees of the Defendant Company on July 14, 2014; and (d) on behalf of the employees of the Defendant Company on July 14, 2014, the Defendant Company was actually paid 73,784,540,640, 62014, which was paid instead of the asset purchase cost of the Defendant Company on September 29, 2014; and (d) the Defendant was issued a tax invoice under the name of the Plaintiff Company’s employee.

B. According to the respective statements in Gap evidence Nos. 5 through 12, 16, and 17 (including each number in the case of virtual numbers), on July 24, 2014, the Plaintiff remitted KRW 10,000,000 to the defendant C for use as capital for the establishment of the defendant company (related No. 1 of the above table), and the Plaintiff disbursed KRW 2,596,800 to the Plaintiff from August 2014 to September 2014, and remitted KRW 10,069,40 to the defendant company on October 15, 2014 (related to No. 2 of the above table), and the Plaintiff transferred KRW 10,069,40 to the defendant company on July 24, 2014 from July 2014 to October 20, 2014.

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