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(영문) 서울북부지방법원 2017.11.16 2017가단14489
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

B. The Plaintiff wired the total amount of KRW 61 million on January 30, 2001, KRW 5.5 million on February 17, 2001, KRW 8 million on April 24, 2001, KRW 19.5 million on July 22, 2001, KRW 5 million on October 5, 2001, KRW 60 million on December 13, 201, and KRW 61 million on December 13, 201.

B. The instant company remitted total of KRW 11 million to the F Bank account under the Plaintiff’s name, KRW 5 million on November 5, 2001, and KRW 6 million on January 25, 2002.

C. On December 2, 2013, the instant company is deemed dissolved pursuant to Article 520-2(1) of the Commercial Act. On December 6, 2016, the instant company was deemed dissolved pursuant to Article 520-2(4) of the Commercial Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was requested by the defendant who is a major shareholder of the company of this case and a real manager of the company of this case to lend the above company's operating funds to the defendant six times from January 30, 201 to December 13, 2001. In consideration of the above company's accounting convenience, the plaintiff directly wired the above money to the above company's account in the name of the above company. The defendant is obligated to pay to the plaintiff the remaining 50 million won (=61 million won - 1 million won) and damages for delay.

B. The defendant's assertion that he did not borrow money from the plaintiff.

The plaintiff acquired 100 shares of the company of this case through her husband B, and paid 50 million won to the above company as the price of shares.

3. When the defendant asserts that the plaintiff lent money to the defendant, the defendant bears the burden of proof as to the loan.

The Plaintiff’s each statement in Gap’s evidence Nos. 1 through 5 alone (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 201) and the Plaintiff’s statement in Gap’s evidence Nos. 1 through 5 alone are from January 30, 201 to December 201.

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