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Reasons
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(영문) 부산지방법원 2020.02.14 2019나53525
대여금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant was a director of C around 2009.

B. On March 31, 2009, D Co., Ltd. repaid KRW 100 million to the Plaintiff on April 20, 2009, by the time of using it as E deposit, and by April 20, 2009, 10% of the shares of D Co., Ltd.’s capital is transferred without compensation until April 21, 2009, and 10% of the monthly interest on the above amount is paid to the Plaintiff.

(C) On April 2, 2009, the Plaintiff transferred KRW 30 million to the passbook in the name of the Defendant to the head of the Tong in the name of the Defendant (the fact that there was no dispute over the grounds for recognition, entries in the evidence Nos. 2 and 4, and the purport of the entire pleadings).

2. The parties' assertion

A. Since the Plaintiff’s repayment of KRW 30 million to the Defendant on April 2, 2009 is a loan, the Defendant is obligated to pay to the Plaintiff.

B. Defendant 1) The money remitted by the Plaintiff to the Defendant is not a loan to the Defendant individual, but an investment in C corporation. 2) Since G and D, a real operator of C corporation, made a notarial deed to pay the Plaintiff money under the instant text, the Defendant’s obligation to the Plaintiff was exempted upon the preparation of the said notarial deed, and even if not, the Defendant was merely the representative of C corporation in the name of C, and there was no profit earned by the Defendant, the Defendant’s obligation to the Plaintiff should be reduced.

3. Determination

A. Prior to the determination on the cause of the claim, the following circumstances revealed by adding the overall purport of the pleadings to the underlying facts, namely, ① the Plaintiff remitted KRW 30 million on April 2, 2009 to the head of the Tong under the name of the Defendant, not in the name of C Co., Ltd.; ② The Plaintiff paid KRW 100 million, including the above KRW 30 million in each of the instant statements, within the fixed period, and agreed to pay interest if not repaid.

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