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(영문) 수원지방법원 안양지원 2018.09.21 2018가단1177
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff asserted that he/she participated in the apartment project located in D, which the Defendant operated by the Defendant, on the condition that he/she would receive KRW 1 million per month as personnel expenses and all expenses. The Plaintiff did not receive KRW 81 million in total from July 9, 2010 to April 2017.

In addition, the Plaintiff lent a total of KRW 110 million to the Defendant, including KRW 30 million on July 19, 201, KRW 70 million on July 7, 2011 and KRW 10 million on July 7, 201, and the Defendant returned only KRW 40 million among them and did not return the remainder.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 151 million (= KRW 30 million per KRW 30 million - KRW 10 million - KRW 40 million) and delay damages.

B. In light of whether the Defendant promised the Plaintiff to pay KRW 100,000 per month for personnel expenses, etc. in connection with the apartment business, and whether the Plaintiff borrowed KRW 110,000 in total from the Plaintiff, the evidence submitted by the Plaintiff alone is insufficient to acknowledge such fact, and there is no other evidence to acknowledge it.

2. In light of the above legal principles, the plaintiff's claim is dismissed on the following grounds: (a) the loan certificate (Evidence 2-1), the cash tea certificate (Evidence 2-2 of the A), and the written agreement (Evidence 3 of the A). (b) The debtor is not the defendant but the defendant's representative director B of the Co., Ltd.).

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