logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.11.03 2020나2014817
대여금
Text

All appeals filed by the Plaintiff against the Defendants are dismissed.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The Plaintiff transferred KRW 28,879,010,010 from February 15, 2016 to October 28, 2016, which was entrusted with the management and operation of the Defendant Company as the representative director of the Defendant Company, to the Plaintiff’s account in the name of the Defendant Company as shown in the attached Table 1, from February 15, 2016 to October 28, 2016. From September 14, 2014 to April 14, 2016, the Plaintiff transferred KRW 42,430,725,00 from the Plaintiff’s account in the name of the Defendant Company to the Defendant Company’s name, as shown in the attached Table 2.

[Reasons for Recognition] No. 2, Gap evidence (written evidence number includes a branch number; hereinafter the same shall apply), the purport of the whole pleadings

2. Claim against the defendant company

A. The plaintiff's claim 1) The summary of the plaintiff's claim was that the defendant company lent a total of KRW 28790,010,000 to the defendant company's operating capital as shown in the attached Table 1, and the defendant company lent a total of KRW 42,430,000 to KRW 6,725,00,00 as shown in the attached Table 2, and the defendant company lent a total of KRW 34,7282,00,000 to KRW 34,4955,452 (= KRW 2379,799,010,010 (= KRW 28,8799,010,000 - KRW 5,000,000) as shown in the attached Table 1 (= KRW 282,430,000,000,000).

B. In full view of the respective descriptions of evidence Nos. 1, 2, 4, 38, and 39 and the purport of the entire pleadings, the following circumstances are revealed.

In light of these circumstances, it is insufficient to recognize that the evidence presented in this case alone lent the money claimed by the Plaintiff to the Defendant Company.

Therefore, this part of the plaintiff's assertion is without merit.

① The Defendant Company entrusted the management and operation of the Defendant Company to the Plaintiff in terms of intention to convert the Defendant Company into black state, etc., and it is mainly outside of the Defendant Company.

arrow