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(영문) 대구지방법원 2017.05.30 2016가단35540
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that he/she became aware of the Defendant by introducing C around the beginning of March 2015.

At the time, C introduced that it is the same as the mother who wishes to become the defendant who is the plaintiff mentally.

around that time, the Plaintiff had approximately KRW 350,000,000 against C.

C requested the Defendant to lend KRW 60,000,000 to the Defendant with the business funds of KRW 60,000,000 after establishing a legal entity as the representative of the Defendant.

In addition, C promised to pay 350,000,000 won of the previous debt of C to the Plaintiff.

On April 2015, the Plaintiff lent the said money to the Defendant by means of remitting KRW 60,00,000 to the deposit account in the name of D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”), the representative of the Defendant, to the Defendant.

2. As to whether the Plaintiff lent the above KRW 60,00,000 to the Defendant, the Plaintiff is recognized as having remitted KRW 60,000 to the deposit account in the name of the non-party company, the representative of which is the Plaintiff on April 2015, in full view of the respective descriptions and arguments as well as the purport of the whole pleadings as to whether the Plaintiff lent the above KRW 60,000 to the Defendant. However, in light of the following circumstances, it is insufficient to acknowledge the fact of the Plaintiff’s lending to the Defendant, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the respective descriptions of evidence Nos. 2, 3, and 1 and the overall purport of testimony and arguments by witnesses C, C, with the Plaintiff and F, decided to conduct a business of lighting and similar business and decided to be a representative of the Plaintiff and F, but could not be a representative due to circumstances. Accordingly, C, upon requesting the Defendant to become a representative only in the name of the Defendant, upon establishing the non-party company on April 21, 2015, established the non-party company and then became the representative of the Defendant, and one month has not elapsed since then, the non-party company was the non-party company around May 2015.

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