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(영문) 서울북부지방법원 2015.05.07 2014가합21032
대여금반환청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff transferred the sum of KRW 201,330,80 to the Defendant by means of remitting the Defendant and the Defendant’s wife from April 2003 to August 2013 to the account in the name of D and E.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1- 3 (including a branch number), the same provision

each entry, the purport of the whole pleading

2. The parties' assertion

A. Plaintiff 1) The Defendant, the primary cause of the claim, is F Co., Ltd. established by the Plaintiff (hereinafter “F”).

(2) The Plaintiff, upon withdrawal from F, lent KRW 201,330,80,00 in total to the Defendant from April 2003 to April 2013 as business funds, living expenses, etc.

B. The defendant does not borrow money from the plaintiff, but participates in the establishment and management of the F that the plaintiff is the representative director, and paid from F to the defendant the benefits, living expenses, business expenses, etc. after F's retirement.

3. The following circumstances are established around April 25, 200 by comprehensively taking into account the above basic facts, Gap evidence Nos. 1-4, Eul evidence Nos. 1-7, and Eul evidence Nos. 14-17 and the purport of the entire pleadings. The plaintiff and defendant were established at around April 25, 200, and the plaintiff was the representative director since its establishment. The defendant was in charge of attracting investment in F from the time of its establishment, and retired from F around March 2003. Meanwhile, the defendant was registered as F director from the time of its establishment to March 2009, and the defendant was issued at the time of its establishment, and at the time of its establishment, 100,000 shares were stated in the register of shareholders as shareholders of 200,0000 shares, and the defendant requested the perusal and copying of the account books, etc. on December 13, 2013.

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