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(영문) 창원지방법원통영지원 2019.11.13 2018가단26870
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff’s business purpose is a company established on February 8, 2010 with the operation and installation of tourist cable ways, tourism business, etc., and is promoting the business of installing and operating tourist cable cables in the Doluri and Eririwon. (2) The Defendants were married, and Defendant C was registered as the Plaintiff’s shareholder, and Defendant B owned 45,000 shares of the Plaintiff’s shares in the name of Defendant C and East F (50% shares at the time of establishment of the Plaintiff).

Meanwhile, G was each Plaintiff’s representative director from February 8, 2010 to February 8, 2013, when the Plaintiff was established, from February 3, 2012 to February 8, 2013, from February 8, 2013, and from August 6, 2013 to August 6, 2016.

B. At the time of December 7, 2012, Defendant B, the representative director of the Plaintiff, prepared and executed a cash custody certificate as follows. On the same day, the Plaintiff wired KRW 50 million to the bank account in the name of the Defendant C. The amount of cash custody certificate: Ma million ( 50,000,000) was borrowed from the Plaintiff; interest shall be interest-free and shall be paid to the Plaintiff until December 5, 2013; Provided, That at the same time, Defendant B promised to settle (stocks) in the spot goods investment portion in the Eri-ri HP Cable Cable Ca (the time of passing the deliberation on the cable Planning) on December 7, 2012 (the time of passing the deliberation on the cable Planning) with the borrower (the agent) number B (the Plaintiff B) on December 2, 2013 as follows:

On August 14, 2013, the Plaintiff remitted KRW 50 million to the bank account under Defendant B’s name.

(hereinafter referred to as “each money of this case” hereinafter). The borrowed money of this case : daily KRW 100,000,000,000, the above amount : the sum of the sum of KRW 50,000,000 per day on December 7, 2012 ( KRW 50,000,000) and KRW 50,000,000 ( KRW 50,000,000) on August 2013, 2013, the sum of KRW 10,000 ( KRW 50,000,000) is borrowed. Interest shall not be paid and the repayment period shall be the time limit for urban planning deliberation, and the guarantee shall also be the cable car land as security.

(b).

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