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(영문) 인천지방법원 2018.01.26 2017가합52
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. Defendant B obtained permission from the head of Incheon Metropolitan City on January 9, 2014 to establish the Defendant Incorporated Association C (hereinafter “Defendant Incorporated”).

B. On January 28, 2014, Defendant B established the Defendant Corporation for the purpose of operating the Youth Camp and supporting business, etc., and was appointed as the representative of the Defendant Corporation on June 8, 2016. However, Defendant B was appointed as the representative of the Defendant Corporation on May 16, 2017 and served as the representative of the Defendant Corporation until now.

C. The Plaintiff, who is operating a store for the sale of the camping-ro product in the Nam-gu Incheon Metropolitan City E, was aware of the fact that Defendant B requested the Plaintiff to produce the camping-ro product around October 2014.

[Ground of recognition] Facts without dispute, entry of evidence No. 11, purport of the whole pleadings

2. The plaintiff's assertion

A. On December 2014, Defendant B, a claim for the first loan, etc. related to the primary claim, established a Defendant corporation to the Plaintiff and carried out construction work under the name of the corporation after obtaining permission for the establishment of the camping place in Incheon Seo-gu, Incheon. Therefore, in the event that the Plaintiff’s loan money to the Defendant corporation to the Defendant corporation and the Defendant corporation is normal, the Plaintiff would pay the money out of the profit in the event that the Defendant corporation is normalized, and the Plaintiff lent the total amount of KRW 358,300,360 to the Defendant corporation by the following methods:

- From January 21, 2015 to August 31, 2015, a sum of KRW 233,700,000 in the passbook in the name of the defendant corporation - Upon a request for refund of the subscription fee paid by the Tong-gu which is a society, the payment by subrogation of KRW 46,50,000 in total from April 10, 2015 to May 27, 2015 - KRW 62,805,260 in cash and paid in cash to the construction company participating in the Yeongdeungpo- KRW 9,129,60 in cash - Defendant B, at the time of requesting the Plaintiff to lend funds, at least KRW 6,165,50 in the name of the customer who directly obtained approval by the Plaintiff’s credit card company, may operate the Tong-gu and make profits of at least KRW 300,000 in each year.

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