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(영문) 서울남부지방법원 2015.05.19 2014가단240932
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

As the cause of the instant claim, the Plaintiff’s repayment period of KRW 100 million to the Defendant on May 15, 2014 is the same year.

7. The Plaintiff asserted that the Plaintiff lent KRW 100 million from the Plaintiff’s account to the Defendant’s account on May 15, 2014. According to the evidence No. 1, the fact that the Plaintiff transferred KRW 100 million from the Plaintiff’s account is acknowledged.

However, on November 12, 2014, the purport that the Plaintiff transferred the above KRW 100 million to the Defendant for transaction without any reference to the content certificate (Evidence A No. 3) sent by the Plaintiff to the Defendant on November 12, 2014 is stated. The Defendant issued a tax invoice of KRW 110 million in the name of the Defendant to the Plaintiff in order to take advantage of convenience in the management of the funds of the two companies of the Plaintiff Company and the Plaintiff, and received KRW 110 million from the Plaintiff to the Plaintiff, and immediately transferred the above amount to the Plaintiff, the Plaintiff was deemed to have transferred the entire amount of the above amount (the evidence No. 2, No. 4, No. 1, and the purport of the entire pleadings). The determination of the Plaintiff appears to have issued the electronic bill of KRW 110 million in the face value of the Plaintiff on May 13, 2014, and then transferred the amount to the Plaintiff.

8. In light of the fact that the Plaintiff transferred KRW 10 million to the Plaintiff and received the return of the said electronic bill (the purport of the evidence Nos. 2 and 3) and the fact that the Plaintiff transferred KRW 100 million to the Defendant’s account is insufficient to recognize that the Plaintiff lent the money to the Defendant, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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