logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2017.07.11 2016가단19435
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The defendant asserted that the plaintiffs' assertion is necessary to return the investment funds to D and joint owners of driving range, and requested the plaintiffs to lend money to them.

Accordingly, on July 2, 2007, Plaintiff A remitted KRW 100 million to the closing bank account of E (the subsidiaries of the above D) notified by the Defendant, and Plaintiff B remitted KRW 250 million to the account of E on the same day. Of the above KRW 250 million, Plaintiff B included KRW 127.5 million and KRW 37.5 million of Plaintiff B’s funds.

At the time of borrowing money from the plaintiffs, the defendant would sell the defendant's shares or the above golf driving range so that it would repay the borrowed money as soon as possible. However, even if the defendant received demands from the plaintiffs for the repayment of debts on several occasions, the defendant paid only KRW 75 million to the plaintiff Eul on May 2013, and the plaintiff Eul did not pay the remaining KRW 137.5 million to the plaintiff, and the remaining KRW 62.5 million to the plaintiff Eul.

2. According to the records of Gap evidence Nos. 1 and 4, the fact that the plaintiffs remitted money to E's account as alleged by the plaintiffs can be acknowledged. However, there is no evidence to acknowledge that the remittance was made by the defendant with the loan of money from the plaintiffs. Thus, the above assertion by the plaintiffs is without merit.

3. In conclusion, each of the plaintiffs' claims in this case is dismissed as it is without merit. It is so decided as per Disposition.

arrow