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(영문) 대구지방법원경주지원 2016.06.07 2015가단2648
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. Upon receiving a proposal from the Plaintiff C to lend funds to the new apartment construction project promoted by the Defendant, the Plaintiff transferred KRW 100,000,000 to C on March 15, 2015, and KRW 55,000,000 on March 19, 2015, and C transferred the total amount of KRW 15,000,000 to the Defendant’s auditor, thereby lending KRW 100,000,000 to the Defendant’s auditor.

B. 85,00,000 won that the Plaintiff lent to the Defendant is only a loan to D in fact, and there is no lending of money to the Defendant.

2. Comprehensively taking account of the overall purport of Gap's evidence Nos. 2, 3, 4, 5 (including virtual number) and Eul's testimony and arguments, D's total amount of 1,700,000,000 won from the defendant's actual manager Eul around March 2013. The plaintiff's request for acquisition of 100,000,000 won to the defendant's right of management to 00,000 won to 0,000,000 won to 0,000,000 won to 0.3,00,000,000 won to 0,000 won to 0,000,000 won to 0,000,000 won to 0,000,000 won to 0,000,000 won to 0,000,000 won to 30,015,200.

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