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(영문) 청주지방법원 2015.09.04 2014나6269
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 6, 2012, the Plaintiff transferred KRW 10,000,00 to the Defendant via a new bank account (Account Number C) with the Defendant’s name, and KRW 19,90,000,000 in total to another new bank account (Account Number E) with the Plaintiff’s wife, as August 8, 2012, and KRW 3,50,000,000 on August 10, 2012.

B. At the time of the Plaintiff’s transfer of each of the above amounts to the Defendant, the Defendant was in office in F Co., Ltd. (hereinafter “F”) as an accounting officer, and each of the above accounts in the name of the Defendant was used as the said company’s corporate account.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1, 13 through 16 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff extended a total of KRW 19,900,00 to the defendant, but the defendant did not pay the above amount. Thus, the defendant is liable to pay the above amount and damages for delay to the plaintiff.

B. The above KRW 19,900,000 remitted by the Defendant from the Plaintiff is the money that the Plaintiff remitted to the said company as the actual operator of F, not the money that the Defendant borrowed from the Plaintiff.

3. The reasoning of the judgment is insufficient to acknowledge that the Plaintiff lent KRW 19,90,00 to the Defendant, as alleged by the Plaintiff, on the sole basis of each of the statements in Gap evidence Nos. 1 through 3, and Nos. 8-1, 3, 5, and 12, and there is no other evidence to acknowledge it. Rather, in light of the purport of the entire pleadings in the statements in No. 10-1 through 3, No. 15-2, No. 15-2, No. 15-2, No. 15-3, and No. 18, the above amount remitted to the Defendant by the Plaintiff can be deemed as the Plaintiff’s investment or loan to the Defendant.

Therefore, the plaintiff's above assertion is without merit.

4. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is without merit.

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