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(영문) 서울동부지방법원 2019.05.17 2018가단119293
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, Defendant C, and Nonparty E are their mothers, both of whom are siblingss or souths.

Defendant C’s husband is Defendant B, and his children are Defendant D.

B. Defendant C and B actually operated Company G (hereinafter “instant company”), and Defendant D had been registered as the representative director of the instant company.

The instant company was completely liquidated in December 2017.

C. From April 13, 2009 to December 24, 2009, the money was transferred several times from the non-party E’s account to the Defendant D or the instant company’s account. From May 18, 2009 to June 25, 2009, the money was transferred several times from the non-party F’s account to the Defendant D or the instant company’s account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff asserted and asserted that the defendants asked the plaintiff to lend money from time to time while operating the company of this case, and the plaintiff lent 79,752,254 won in total to the defendants using the accounts of non-party E and F.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff lent the above money to the Defendants, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim based on the premise that the plaintiff lent the above money to the defendants is without merit.

3. In conclusion, the plaintiff's claim against the defendants of this case is dismissed as it is without merit. It is so decided as per Disposition.

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