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(영문) 서울동부지방법원 2017.02.09 2016가합104652
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 received a request from C to lend KRW 100 million to C for the repayment of the loan to the Orate Co., Ltd., and on November 30, 2012, the Plaintiff lent KRW 100 million to C.

In addition, upon receipt of a request from C to lend KRW 250 million to C, the Plaintiff borrowed KRW 250 million to C on June 5, 2013.

However, on March 3, 2016, C died, and the defendant, the only inheritor who accepted C's debt as qualified, is obligated to pay C's total amount of KRW 350 million borrowed from the plaintiff and delay damages to the plaintiff.

2. Determination

A. First, according to the records on November 30, 2012, as to whether the Plaintiff leased KRW 100 million to C, the Plaintiff is aware of the fact that the Plaintiff transferred KRW 100 million to the account in the name of C on November 30, 2012, but there is no dispute, and the following circumstances, namely, the developments leading up to the establishment of the Plaintiff Company E (hereinafter “Nonindicted Company”) and the date of the establishment registration of the Nonparty Company, the date of the Non-Party Company’s establishment, and the objective of the Non-Party Company’s business, which the Plaintiff and C owned 50% shares of KRW 100,000,000, in light of the circumstances that the Plaintiff was not an officer of the Non-Party Company, and the Plaintiff and the Plaintiff appears to have been supplied to the Plaintiff and the Plaintiff (hereinafter “Non-Party Company 1”) to the account under the name of the Plaintiff and the Plaintiff (hereinafter “Non-Party 3”) immediately after the Plaintiff was registered.

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