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(영문) 서울북부지방법원 2019.01.08 2017나39618
대여금
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

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

Reasons

1. Basic facts

A. On August 2013, C, the spouse of the Plaintiff, who was engaged in the nuclear sugar business (the business of producing herbs on behalf of Korea Council members on behalf of Korea Council members) with the name of “I”, was to take over the nuclear sugar business entity located in Kimhae-si on the basis of “D”’s facilities, and to operate the nuclear sugar business together with the nuclear sugar business. Around August 2013, C, the Defendant and the Defendant agreed to operate the nuclear sugar business. In addition, the cost of acquiring the nuclear sugar business entity is to bear KRW 250 million with the acquisition cost of the nuclear sugar business entity and KRW 150 million with the acquisition cost of the facilities of “I,” the total of KRW 350 million with KRW 175 million,500,000,000.

(hereinafter “instant partnership business”). (b)

The Defendant transferred KRW 50 million to the “D” account, and KRW 50 million to the “C” account at the time of the instant trade agreement, and transferred KRW 75 million to the Plaintiff’s account on August 17, 2014.

C. After November 2014, C is a corporation (a corporation E (hereinafter “E”) with the Defendant as a partner of Hanwon and a partnership business with the Defendant.

() Around December 5, 2014, it was established, and C was appointed as representative director at the time of its establishment) and requested the Defendant to make an investment in the capital for E establishment, and the Defendant also claimed C to make an investment in the capital for E establishment. When C complaining of the shortage of capital of KRW 100 million, C paid KRW 100 million out of the amount loaned to the Defendant under the Plaintiff’s name on November 18, 2014, and the Defendant wired KRW 50 million out of the same day to E’s corporate account.

From January 2015, the Defendant remitted 2.2 million won to C each month from January 2015, and C remitted this to the account in the name of the Plaintiff.

E. From December 2, 2013 to March 31, 2016, the sum of money deposited from the Plaintiff’s account under the name of the Plaintiff to the account in the name of C for the operation of the instant Dong is KRW 321,749,723 (excluding KRW 20,00,000, which was deposited on October 20, 2014 to be used by C for the advance payment for the purchase of JA car). The sum of money deposited from the said account under the name of C to the account under the Plaintiff’s name is KRW 195,059,873.

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