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(영문) 서울동부지방법원 2014.12.12 2014가단40511
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The “C” is an individual business entity that sells goods at the campaign’s care, etc., and the Defendant is the representative under its name, and D, the husband of the Defendant, is the actual operator.

The fact that the Plaintiff deposited the amount of KRW 50 million on May 30, 2013, and KRW 50 million on June 7, 2013 into the account of each C in response to the request to lend insufficient business funds. [Grounds for recognition] The fact that there is no dispute, Gap evidence 2-1, 2, and the purport of the whole pleadings.

2. The plaintiff asserts that the above KRW 100 million was lent to the defendant, who is the representative of C, and that the plaintiff sought payment of the unpaid principal of KRW 80 million, interest thereon, and delay damages, and that the defendant did not borrow the above KRW 100 million from the defendant, and that D, who is the actual operator of C, borrowed the above KRW 100 million from E, the actual operator of the plaintiff company.

3. Even if the Defendant is the representative of C, if it is merely nominal and if D is the actual operator of C, the above KRW 100 million is deemed to have been borrowed by D rather than the Defendant. There is no evidence to support that the Defendant borrowed the above KRW 100 million.

4. According to the conclusion, the plaintiff's claim against the defendant is dismissed as it is without merit. It is so decided as per Disposition.

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