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(영문) 창원지방법원 2016.11.08 2015나34523
대여금
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. The following facts do not conflict between the parties, or may be recognized by taking into account each entry and whole purport of the pleading in Gap 1-4, 7-10, and Eul 1 and 2 (where the serial number is not specified, including all the number of the pertinent documentary evidence; hereinafter the same shall apply):

The defendant is a company with the purpose of publishing daily newspapers, etc. established on April 14, 2009. The plaintiff is a shareholder and director of the defendant, who was retired on April 14, 2012. 2) C Co., Ltd. (hereinafter referred to as "C") was established on February 28, 2007 and was established on February 28, 2007, and was for publishing daily newspapers, etc. dissolved by the resolution of the general meeting of shareholders on July 16, 2010, and is a company with D, one of the co-representatives of the defendant as its representative director.

B. On June 20, 200, June 10, 2007, the Plaintiff’s temporary loan amount of money to C, which was KRW 9,250,000,000 E C on June 20, 2007, "the amount of KRW 5,250,000 on August 1, 2007, "the amount of KRW 5,900,000 on March 5, 2008, "the total amount of KRW 33,150,00,000 on March 11, 208, the Plaintiff lent to C the same money as indicated in the following table by remitting from the bank account under the Plaintiff’s name to C’s bank account.

C. The Plaintiff lent money to the Defendant to the bank account in the name of E or the bank account in the name of F, to the bank account in the name of the Defendant, or the bank account in the name of the printed company G (G) in the name of the Defendant (hereinafter “G”), without any interest and due date agreement, the Plaintiff lent money as indicated below to the Defendant.

"Amount of KRW 2,00,000 on June 30, 2009, Defendant E on June 10, 2009, the temporary amount of KRW 10,000 on June 30, 2009, "the amount of KRW 2,000,000 on August 5, 2009, or the amount of KRW 3,000,000 on September 3, 2009, or the amount of KRW 4,00,000 on October 1, 2009, or the amount of KRW 6,00,000 on October 28, 209, the amount of KRW 10,000 on July 20, 200, the aggregate of KRW 0,00,00 on KRW 10,00 on July 37, 200, namely, the amount of KRW 8,5,200 on May 20, 2008.

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