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Reasons
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(영문) 부산지방법원 2015.11.18 2015가합43007
대여금
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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiff Company’s assertion 1) From June 2012, the Plaintiff Company lent a total of KRW 350 million to the Defendant several times, among which KRW 90 million was paid. As to the remainder of KRW 260,000, the Plaintiff Company and the Defendant on January 1, 2014 (hereinafter “instant monetary lending contract”).

) On December 1, 2014, a monetary lending contract of December 1, 2014 (hereinafter “instant monetary lending contract”).

(2) The Defendant is obligated to pay the Plaintiff Company the remainder of the loan amounting to KRW 260,00,000,000 and the delay damages therefor. (2) The Defendant acquired the entire business including C’s property from December 2, 2014 and acquired C’s obligation together. Therefore, in this regard, the Defendant is liable for the repayment of the above loan obligation.

B. The defendant's assertion was an employee of the plaintiff company at the time of the preparation of the monetary lending contract of this case 1 and 2, and C was an enterprise operated as part business unit of the plaintiff company, and at the request of the plaintiff company, the defendant was not a registered business owner of C. The plaintiff company transferred KRW 310 million to C with the defendant's deposit account, the registered business owner of C. The 1 and 2 monetary lending contract of this case were prepared in collusion for the accounting of the above KRW 310 million.

2. Determination as to the cause of claim

A. According to the statements in Gap evidence Nos. 2 and 5, a total of KRW 310,000,000,000,000 won, including KRW 10,000,000 on May 9, 2012 and KRW 210,000,000 on June 4, 2012, was remitted from the plaintiff's deposit account to the defendant's deposit account; on January 1, 2014, the money lending contract of this case was prepared with the purport that the plaintiff company extended KRW 260,000,000 to the defendant by the maturity date and December 31, 2014.

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