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(영문) 대구지방법원 2018.07.12 2017가단129206
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion asserts that, on November 18, 2016, the Plaintiff lent KRW 200 million to the Defendant without setting the due date and interest, and sought the return thereof against the Defendant.

2. According to the evidence Nos. 1 and 2, the Plaintiff transferred KRW 200 million to the deposit account under the name of the Defendant, and the above KRW 200 million (hereinafter “instant KRW 200 million”) can be acknowledged as being included in the items of short-term loans on the Plaintiff’s balance sheet.

However, the following circumstances, which can be recognized by comprehensively considering the purport of the entire arguments in the statements in Eul 1 through 15 (including each number), namely, C clan was awarded a contract for the construction of commercial buildings to D Co., Ltd. (hereinafter "D"), around July 2014, and the defendant decided to rent a commercial building to be newly built from C clans and paid part of the deposit money to C in advance. Regarding the above construction contract and lease relationship, several agreements were concluded between C clans and D, and several monetary transactions were made between the defendant, and Eul and the actual operator of the plaintiff company and D were remitted from D to the defendant through the plaintiff according to the intention of E. The plaintiff and the defendant did not prepare any document regarding the loan of KRW 200,000,000,000, and even according to the plaintiff's assertion that the repayment period and interest were not fulfilled, it is difficult to find that there was no other evidence to support the return of money to the plaintiff's account without the agreement on the loan of KRW 200,000,00.

The instant KRW 200 million is a loan.

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