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Reasons
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(영문) 대구지방법원서부지원 2017.11.16 2016가단5386
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, along with ASEAN, is a person who operates a recycling business, called “F” in the land and its ground buildings located in Gyeong-gun, Gyeong-gun, Gyeong-gun (hereinafter referred to as the “E plant by combining the above land and buildings).

B. The Defendant came to know to the representative director of G Co., Ltd. (hereinafter “G”) around 2014 with C around 2014.

C. On April 20, 2015, the Plaintiff and the Plaintiff entered into a sales contract (i.e., the contract amounting to KRW 100 million on April 20, 2015, and the intermediate payment of KRW 50 million on April 27, 2015, which is the date of the contract) stating that the Plaintiff sells the E factory and machinery and equipment installed in the said factory to the Plaintiff, in the purchase-sale agreement, for KRW 1 billion (hereinafter referred to as “instant sales contract”).

After the formation of the instant sales contract, there was a transfer of the following funds between the Plaintiff, the Defendant, and the G.

1) With respect to down payment of KRW 100 million, if the Defendant transfers KRW 100,00,000,000,000,000 to the account of the Dispute Resolution Co., Ltd. three times on April 20, 2015, which is the date of the contract, to the Plaintiff, the Dispute Resolution Co., Ltd. transferred the transferred KRW 100,000,000 to the Plaintiff three times on the same day, and the Plaintiff returned the said KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,

(Specific Details of capital flows are as follows: (i) a person who received a temporary remittance from the person who received the remittance from the sequence 1-1 on April 20, 2015 (won) 40,000,000 G 1-2, 14:45 (State)G Plaintiff (F) 40,000,000 - 14:45 (State) on April 20, 2015; (ii) April 20, 2015, the Plaintiff 40,500,002-15:27 on April 20, 2015, (iii) the Plaintiff 40,000,000 to Defendant 40,57 on April 20, 2015, (iv) Defendant 40,00G 40,000,000,000-2-2, 200-40, 203G 205.

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