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(영문) 수원지방법원평택지원 2017.05.11 2016가합518
대여금반환
Text

1. Defendant E Co., Ltd.: 45,00,000 won for Plaintiff A, 240,000,000 won for Plaintiff B, and 140,000,000 won for Plaintiff C;

Reasons

1. Basic facts

A. On February 19, 2009, Plaintiff A transferred KRW 45 million to Defendant E (hereinafter “Defendant E”).

B. On March 8, 2011, Plaintiff B transferred KRW 180 million to Defendant E, and KRW 60 million on June 14, 2011, respectively.

C. On October 10, 2008, Plaintiff C transferred KRW 140 million to Defendant E. D.

Plaintiff

D Each transfer to Defendant E of KRW 50 million on August 11, 2009, KRW 50 million on August 12, 2009, KRW 20 million on November 22, 2011, and KRW 10 million on June 17, 2013, KRW 10 million on June 24, 2013, KRW 10 million on June 24, 2013, and KRW 5 million on June 27, 2013.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs’ assertion 1) Defendant E, Plaintiff A, Plaintiff B, Plaintiff C, Plaintiff C, Plaintiff C, the total of KRW 120 million, and Plaintiff D, the total of KRW 25 million on December 31, 2015, respectively. The Defendants did not repay each of the above loans.

Therefore, the defendants should pay each of the above loans and damages for delay to the plaintiffs.

B) Even if the lending relationship between the Plaintiffs and the Defendants is not recognized, the Defendants received each of the above money from the Plaintiffs and obtained profits without any legal grounds, and thus, the Defendants should return each of the above money to the Plaintiffs as unjust enrichment. 2) The amount claimed by the Defendants by the Defendants is not a loan to the Defendants, but a relative relationship between the Plaintiffs, and as the Plaintiff’s internal director or representative director was a relative relationship, G, who was employed as the Defendants’ internal director or representative director, purchased the land in the name of the Plaintiffs, and then purchased it again to the Defendants, and thus, it is an unreasonable amount created by the

B. Defendant E: (a) Plaintiff A on February 19, 2009 45 million won.

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