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(영문) 수원지방법원안산지원 2019.03.21 2018가합7723
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. Defendant Company is a company established for the purpose of developing, manufacturing, or selling precision parts.

B. The Plaintiff was registered as the representative director of the Defendant Company from March 2014 to November 17, 2014.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1-1, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is as follows: (a) around 1, 201, the Plaintiff loaned KRW 568,401,00 to Defendant Company several times from April 1, 2014 to end of 2014; and (b) from April 3, 2014 to October 6, 2014, the Plaintiff received KRW 301,600,000 from Defendant Company several times; (c) as such, the Plaintiff sought payment of unpaid loan KRW 266,801,00 (= KRW 568,401,600 - KRW 301,60,000) from Defendant Company’s account transfer from 01 to 3014,000, the Plaintiff Company’s total account transfer from 266,801,000,000 to 3014,014, 2014).

However, the Plaintiff and the Defendant did not submit any documentary evidence indicating that they concluded a monetary loan contract between the Plaintiff and the Defendant Company, and the Plaintiff’s statement Nos. 1-1 through 8 can be comprehensively seen as the whole purport of the pleadings, namely, the following circumstances: (a) most of the money transferred from the instant account to the account under the name of the Defendant Company was transferred to the account in the name of the Defendant Company immediately following the transfer of the money deposited in the instant account by D and E (the Plaintiff’s punishmentC) that had been actually operated by the Defendant Company at the time.

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