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(영문) 춘천지방법원원주지원 2015.12.03 2015가합6001
기타(금전)
Text

1. The claim of this case is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion lies in the Plaintiff’s representative director from February 25, 2008 to August 26, 2010, and the Defendant incurred the provisional payment of KRW 383,874,000 to the Plaintiff (the amount paid to the Defendant is treated as provisional payment on account books).

Therefore, the defendant is obligated to pay to the plaintiff the above provisional payment of KRW 383,874,00 and the interest for recognition of the purport of the claim.

2. According to the fact-finding response with regard to the head of the same accounting corporation and the head of the original branch of the same court, the plaintiff's tax account was delegated at the same accounting corporation's original branch of the same accounting corporation. However, while the tax return process at the time accounting was accounting that the provisional payment was incurred from February 25, 2008 to August 26, 2010, there was no evidentiary document, such as a loan certificate against the representative director, and there was no other method to deal with the difference between the account book and the actual cash, and thus, the provisional payment was made under the Tax Law. Thus, it is insufficient to recognize that the plaintiff actually paid the defendant the provisional payment of the plaintiff's assertion (the head of the attached account) based on the statement of evidence Nos. 2 and 3 and the result of the fact-finding reply with regard to the head of the original branch of the same accounting corporation of the same accounting corporation of this court. Thus, there is no other evidence to acknowledge

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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