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(영문) 수원지방법원 평택지원 2018.11.21 2017가합10666
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff loaned KRW 300,00,000 to C on December 16, 2008 between the Plaintiff and C (hereinafter “C”) around September 2008, when the Plaintiff lent KRW 300,000 to C on December 16, 2008, C paid KRW 10,000 out of the total shares of KRW 10,00, but C agreed to immediately repay KRW 300,000 when selling C corporation or its goodwill to a third party.

On December 19, 2008, the Plaintiff lent to C total of KRW 282,750,000,000, and KRW 47,000,000 on January 19, 2009, and KRW 35,750,000 on February 209, and KRW 282,750,000 on December 22, 2009. D, which was the representative director of C, owned by the Plaintiff as security for the above loan debt, completed the registration of the establishment of a mortgage on the above loan debt and its ground building owned by the Plaintiff, including the maximum debt amount of KRW 360,00,00,000, KRW 47,000, and KRW 360,000,00 on the debt and its ground building owned by the Plaintiff as security for the above loan debt.

The Defendant, on April 20, 2015, remitted the sum of KRW 200,000,000 to the Plaintiff’s account four times from around 13:54 to 13:57, on April 20, 2015, and the Plaintiff withdrawn the said money as a check on the same day and delivered it to the Defendant.

On April 24, 2015, from around 15:05 to 15:08, the Defendant remitted total of KRW 200,000 to the Plaintiff’s account in the name of the Plaintiff three times. The Plaintiff withdrawn the said money as a check on the same day and delivered it to the Defendant on the same day.

On the same day, the Defendant issued a receipt to the Plaintiff that he received KRW 400,000,000.

(hereinafter referred to as “instant receipt”). [The grounds for recognition] did not dispute, each entry of Gap evidence Nos. 1 through 8 (including each number), and the gist of the plaintiff’s assertion of the purport of the entire pleadings is between the plaintiff and the defendant, who had been aware of 20 years prior to 20 years.

Upon the request of the defendant, the plaintiff is based on the facts around December 2008.

As examined in the paragraph, the Defendant lent KRW 300,000,000 to C operated by the Defendant.

Since then, the Defendant: (a) around April 2015, the principal of the above loan amounting to KRW 300,000,000; and (b) interest from December 17, 2008 to April 2015, 100,000.

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