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(영문) 부산지방법원동부지원 2017.12.20 2017가단203130
대여금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. C was married with the Plaintiff’s female students in the same middle school, around 2001, and divorced around 2005.

B. The Defendant Company jointly established D and C as an enterprise engaged in the export and import business, etc. of steel products. At the time of establishment, D and C agreed that D and C are fully responsible for D’s business operations, etc., and upon the corporate register, the representative director, E who is D’s spouse, in-house director, E and D respectively, and the auditor was registered as F, the spouse of C. The shares of the Defendant Company determined that D and E hold 50% each, and C listed F, its spouse, as the employee of the Defendant Company, and was paid a certain amount of monthly wage.

C. On October 2015, C entered into a contract with the Plaintiff to purchase the factory site under the name of the Defendant Company, which is the actual representative director of the Defendant Company, but the down payment is mother and mother. If N.N. lending KRW 100 million, the Defendant Company would have paid the factory site as the down payment of the factory site, and thus, would receive the machinery cost, or receive the real estate mortgage loan in the name of the Defendant Company. However, for the convenience of accounting, the above KRW 100 million was requested to lend KRW 110 million to the Defendant Company’s account in the name of the Defendant Company.

Accordingly, on November 11, 2015, the Plaintiff sent KRW 110 million to the account of the Defendant Company by entering the name of the depositor in D as “D” upon C’s request.

(hereinafter the above loan agreement of KRW 110 million is "the loan agreement of this case", and the above KRW 110 million is "the loan of this case" / [the ground for recognition] The fact that there is no dispute, each entry of evidence Nos. 1, 2, and 3, witness C's testimony, and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. The obligor of the loan for consumption in this case, which is the primary claim.

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