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(영문) 전주지방법원군산지원 2019.06.04 2017가단54768
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 10, 207, the transfer method of gold transfer from C account of KRW 40,00,000 to the Defendant’s account on August 14, 2007, to the Defendant’s account on August 14, 2007, the account transfer amount of KRW 59,900,000 to the Defendant’s account under the Defendant’s name on September 21, 2007, to the Defendant’s account under the Plaintiff’s name on September 30, 300,000, the deposit amount of KRW 490,000 to the Defendant’s account under the Defendant’s name on November 15, 2007, the Plaintiff transferred to the Defendant’s account under the Plaintiff’s name on November 15, 2007, the sum of KRW 14,90,000 (hereinafter “instant amount”).

At the time, the Plaintiff was a representative director of the limited liability company C (around March 13, 2015, the trade name was changed to “D” for a limited liability company; hereinafter “C” without distinguishing the two before and after the change.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 4 and 6 (including cases with serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion 1) The amount of this case, which the plaintiff transferred to the defendant by the plaintiff, is a loan. The defendant, regardless of the plaintiff, was running a wastewater treatment business in China along with E, and when the funds were needed in the process, requested the plaintiff to lend money to the plaintiff. Accordingly, although the plaintiff remitted the amount of this case to the defendant, it was not paid up until now. Therefore, the defendant has a duty to pay the plaintiff the amount of this case 14.9 million won and damages for delay. 2) The defendant's assertion that the defendant borrowed the amount of this case from the plaintiff.

At the time, the Defendant, as an investor who will conduct the business of manufacturing and selling sewage treatment products, introduced the Plaintiff as the representative director of F Union C at the time, and subsequently, the Plaintiff, Defendant, and E decided to undertake the above business together. In the process, the Defendant was in charge of delivering duties, managing funds, etc. in the middle of E and the Plaintiff.

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