(영문) 부산지방법원 2018.04.18 2016가합50149

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(영문) 부산지방법원 2018.04.18 2016가합50149

가지급금채무부존재확인

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1. It is confirmed that there is no obligation to return KRW 456,144,448 against the Defendant by the Plaintiffs.

2...

Reasons

1. Facts of recognition;

A. The Defendant is a juristic person established for the purpose of garbage disposal business, garbage collection and transportation business, etc., and the network A (hereinafter “the deceased”) from August 31, 200 to August 31, 200, and was working as the Defendant’s director, the Defendant’s representative director from August 31, 200 to September 30, 2015. The Plaintiffs, as the inheritor of the deceased, were dead while the deceased was serving in the instant lawsuit.

B. On December 24, 2015, the Defendant sent to the Deceased a certificate of content that “The deceased lent KRW 456,144,448 to the Deceased during the period in which he/she serves as the representative director of the Defendant.”

C. As of December 31, 2010-201 to 2015, the Defendant’s president of each account (referred to as the “president of each account of this case”: (i) the remainder of KRW 344,00,00,00 as of December 31, 2010 (i.e., the difference of KRW 505,97,382 - 161,97,97,382); (ii) 249,00,000 as of December 31, 201 (i.e., the difference of KRW 485,461,124 - representative KRW 236,461,124); (iii) 345,000,000 as of December 31, 2012 (i.e., the difference of KRW 465,97,940; 3605,1245,2505).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The president of each of the instant accounts asserted by the Plaintiffs is unclear as to the payment counterpart by itself, and is inconsistent with the Defendant’s bank transaction details, and includes false details of transactions.

Therefore, the Defendant cannot be deemed to have paid the provisional payment to the Deceased solely on the basis of the statement in the head of each of the accounts of this case.

In addition, the Deceased has not received any money from the Defendant as the provisional payment.

B. The defendant's assertion is recorded with the deceased's director of each of the accounts of this case.

유사 판례

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