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(영문) 수원지방법원 2017.08.10 2016나59751
대여금
Text

1. The plaintiff's claim and the defendant's incidental appeal that have been changed in exchange at the trial are all dismissed.

2...

Reasons

1. Determination on loan claims

A. The following facts do not conflict between the parties, or each entry in Gap's 1 to 5, 10, 12, Eul's 3 and 4, and the court of first instance may recognize the following facts, taking into account the overall purport of the arguments, as a whole, as a result of the order to submit financial transaction information to the IBK Bank's business support division.

1) On January 17, 2010, the Plaintiff: (a) opened an office in the Seocho-gu Seoul Special Metropolitan City Office; (b) had been employed under the condition that E would pay monthly salary of KRW 1,800,000 on March 2010; and (c) had been employed under the condition that F would pay monthly salary of KRW 1,50,000 on August 201; and (b) had been employed under the condition that F would pay monthly salary of KRW 1,50,000 on March 201; (c) G, H, and I had been affiliated with the said “D” on October 25, 2010; and (d) had been affiliated with the Defendant around that time.

(3) On November 15, 2010, the Plaintiff paid KRW 10,000,000 to the Defendant by means of remitting KRW 10,000 to the deposit account opened in a corporate bank under the name of the Defendant. On November 3, 2010, the Plaintiff paid KRW 10,000,000 to G; and on November 15, 2010, the Plaintiff paid KRW 10,000,000 to H; and on December 1, 201, the Plaintiff received KRW 10,000,000 to the Defendant by means of borrowing KRW 5,00,000 to the Defendant’s corporate bank’s account under the name of the Defendant; and on December 30, 2010, the Plaintiff paid KRW 10,000,000 per annum to the Defendant with the period of reimbursement of KRW 10,000 by means of borrowing KRW 10,00,01.

5) Around June 2011, the Plaintiff was punished for a dispute over a monetary issue with E, and thereafter, G, H, and I, other than the Defendant, departed from the aforementioned “D”. 6) The Plaintiff paid KRW 10,000 to G, H, and I, respectively, around June 201, between G, H, and I, and between G, H, and I.

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