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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C is a person who established and operated a private enterprise operating a motor vehicle maintenance business, etc. under the trade name “D” on September 30, 2015.
B. On August 6, 2015, the Plaintiff transferred C’s account KRW 67,320,000,000 in total, including KRW 1,320,000 on September 7, 2015, and KRW 1,320,000 on September 18, 2015, KRW 1,000 on October 30, 2015, and KRW 22,00,000 on January 22, 2016, KRW 30,000 on March 30, 2016, and KRW 67,320,000 in total.
C. C on June 23, 2016, separately from the above individual enterprise, established the Defendant Company and was appointed as the representative director.
On November 17, 2017, the Plaintiff presented to C a letter of confirmation that “A representative of the Dispute Resolution Co., Ltd. shall borrow a total of KRW 6,70 million from August 2015 to March 2016 to the Plaintiff. The said money was used for the B equipment costs and operating funds operated by the Plaintiff.” The Plaintiff received the name, resident registration number, and contact information from C, after having C enter them in his/her own pen.
(hereinafter “this case’s fact-finding confirmation”). 【No dispute exists, Gap evidence 1, Gap evidence 2-1 through 6, Gap evidence 3, Eul evidence 1, Eul evidence 2, Eul evidence 2, and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff lent KRW 67,320,00 to C for the purpose of the equipment cost and operation of the Defendant Company, and that C, the representative director of the Defendant Company, prepared the instant confirmation document with the intent of the Defendant Company to repay the above loans, and thus, the Defendant Company is obligated to repay the above loans to the Plaintiff.
B. We examine the judgment. The fact that the Plaintiff remitted the sum of KRW 67,320,00 to C during the period from August 6, 2015 to March 3, 2016, and the fact that the Defendant Company was established on June 23, 2016 and C, the representative director of the Defendant Company, used the said money for the equipment costs and operating funds of the Defendant Company that the Plaintiff lent from the Plaintiff.