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(영문) 의정부지방법원고양지원 2015.11.25 2015가합2164
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 Plaintiff as a party operates C (hereinafter “C”) and the Defendant operates D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”) engaged in the manufacturing of fishery products.

B. (1) On May 25, 2007, the sum of KRW 15 million on June 7, 2007, KRW 15 million on September 3, 2009, KRW 178,3 million on September 4, 2009, and KRW 68,3 million on September 4, 2009 was remitted from the deposit account in the name of the Plaintiff’s actual wife to the deposit account in the name of the Defendant’s name on September 23, 2009.

3) On November 29, 2009, the sum of KRW 75 million was remitted from the deposit account in the name of C to the deposit account in the name of D, and KRW 7 million on November 2, 2009. (c) The Plaintiff’s criminal complaint and non-prosecution disposition on November 2, 2009 stated that the Plaintiff would pay 15% of the shares of the company and 3% of the monthly investment amount to the Plaintiff if the Plaintiff invested in the business E (the business of producing and selling cement drilling used in the fishing net). The Plaintiff’s criminal complaint and non-prosecution disposition on November 2, 2009 stated that the Plaintiff would pay 15% of the shares of the company and 305% of the monthly investment amount to the Plaintiff as fraud. However, on October 29, 2014, the prosecutor of the Goyang branch Office of the Government District Prosecutors’ Office of the Republic of Korea promised to pay the Plaintiff money equivalent to 3% of the investment amount to the Plaintiff.

2. The plaintiff asserted that the defendant needs money as D's day, and lent a total of KRW 30 million to the defendant on May 25, 2007, including KRW 15 million on June 7, 2007, and KRW 15 million on June 7, 2007, without fixing interest and maturity for payment. If the defendant lends money necessary for E's business on September 2009, he will offer the shares of E as security.

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