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(영문) 수원지방법원성남지원 2015.11.06 2015가단8949
대여금
Text

1. The claim of this case is dismissed.

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

Reasons

1. The Defendants asserted as to the cause of the claim told the Plaintiff to lend money to the Plaintiff, to the Plaintiff that they would transfer part of the shares out of the D land in Ansan-si. Accordingly, the Plaintiff lent KRW 125 million to the Defendants four times from March 16, 2012 to September 17, 2012.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff the above loans of KRW 125 million and damages for delay.

2. According to the evidence Nos. 1 and 5 evidence Nos. 1 and 5, it is recognized that the transfer of F (F, the representative director of the E company, retired on March 29, 2013, and the Plaintiff was appointed as the representative director) to the deposit account of G Co., Ltd. (the Defendant is the representative director of the said company) on March 16, 2012, totaling KRW 70 million (=30 million) from the deposit account of H on May 24, 2012, and September 27, 2012.

However, such circumstance alone is difficult to recognize that the Plaintiff lent KRW 125 million to the Defendants, and there is no other evidence to acknowledge it.

Rather, according to the statements Nos. 7 through 9, it is recognized that the KRW 55 million was transferred from the bank account of G Co., Ltd. to B on March 16, 2012, and immediately transferred to E Co., Ltd.

The claim of this case is dismissed as it is without merit.

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