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(영문) 의정부지방법원고양지원 2015.01.08 2014가단7400
대여금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the representative director of C Co., Ltd. (hereinafter “C”) established on August 16, 201.

B. On October 26, 201, the Plaintiff transferred KRW 50,000,00 to C’s deposit account under his/her own name D.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The cause of the claim and the judgment thereof

A. A. Around October 24, 2011, the Defendant: (a) invested KRW 50,000,000 to the Plaintiff in a finance-related business in Thailand; (b) received other investments as of October 201; (c) returned the principal of the Plaintiff’s investment; and (c) agreed at five percent of the C equity interest.

Therefore, the Plaintiff claims to the Defendant for the principal amounting to KRW 50,000,000 and damages for delay.

B. As to whether the Defendant agreed to return the principal amounting to KRW 50,000,000 to the Plaintiff, it is insufficient to recognize the Plaintiff only with the descriptions of health care units and evidence Nos. 2-10, and there is no other obvious evidence to acknowledge this otherwise, the Plaintiff’s above assertion is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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