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(영문) 서울남부지방법원 2016.01.22 2014가단233989
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty E holds a general meeting of promoters of the F Co., Ltd. (hereinafter “Nonindicted Company”) on April 29, 2011 and the F Co., Ltd. (hereinafter “Nonindicted Company”) on May 20, 2013 for the purpose of operating a business in the franchise form by leasing earth stations in the subway stations and opening a general meeting of promoters in the same year.

5. 3. The registration of incorporation was completed, and the plaintiff participated as promoters of the non-party company, and was appointed as non-executive director.

B. On November 10, 201, the Plaintiff delivered KRW 35 million to the network E with a cashier’s checks, and the network E prepared a loan certificate (interest rate of 2% per month, and period of borrowing from November 10, 201 to October 24, 201) in the name of the non-party company, and received authentication from the notary public H Joint Office, etc. as a notary public H Joint Office No. 1188, and delivered it to the Plaintiff.

C. On April 20, 2012, the Plaintiff transferred KRW 45 million to the network E account.

C. As the network E died on September 14, 2013, Defendant C and D, one of his wife, succeeded to this.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, Gap evidence 2-1, Eul evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings

2. Determination:

A. The gist of the parties’ assertion argues that the Plaintiff is liable to pay to the Plaintiff the amount equivalent to the statutory share of inheritance and the delay damages, out of the total amount of the above loan, and the Defendants asserted that: (a) the loan of KRW 35 million on November 10, 201 was made in the name of the non-party company, but the non-party company was merely borrowed under the name of the network E; and (b) the amount of KRW 45 million on April 20, 2012 is also personally lent to the network E; and (c) the Defendants, the heir of the network E, are liable to pay to the Plaintiff the amount equivalent to the statutory share of inheritance and the delay damages; and (d) the borrowing of the above loan is not the

B. We examine the loan of KRW 35 million on November 10, 201, and as long as the formation of a disposal document is authentic, the court is written in the disposal document unless there is any clear and acceptable reflective evidence to deny the contents of the statement.

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