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(영문) 창원지방법원 2020.05.14 2019가단120735
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap 4 to 6 (including branch numbers if there are serial numbers; hereinafter the same shall apply), Eul 1 to 3, and the whole purport of arguments:

On June 20, 2016, Defendant B entered KRW 14 million for Defendant C, KRW 14 million for Defendant D, and KRW 12 million for each of the loans, and written a letter of loan (hereinafter “each of the loans of this case”) stating, “The amount of interest shall be fixed and paid at KRW 1.5 per month, and shall be paid at KRW 30 per month, and the principal shall be paid at KRW 30 on September 30, 2016, and the principal shall be the repayment rate until September 30, 2016, and shall be signed and sealed on June 20, 2016.”

B. On June 21, 2016, Defendant B transferred KRW 14 million to Defendant C, KRW 14 million to Defendant C, and KRW 12 million to Defendant D in the name of each E’s spouse.

2. The parties' assertion

A. The Plaintiff, upon receiving a request from the Plaintiff E to borrow KRW 50 million from E and the Defendants, paid KRW 10 million cashier’s checks to E, and received each of the instant loans from the Defendants via E. Therefore, the Plaintiff sought judgment, such as the entries in the purport of the request.

B. The Defendants were those who were working as a small president in G Co., Ltd. operated by E.

The Defendants’ above 1-B

In order to conceal the fact that part of the service payment was paid from G Co., Ltd., as mentioned in paragraph (1), only prepared a loan certificate of this case to E in order to conceal the fact that he received the service payment and received the service payment in full from E, and there was no fact that he borrowed money from the Plaintiff.

3. The Plaintiff asserted that the Plaintiff received each of the instant loan certificates and lent money to the Defendants. However, in full view of the following circumstances, each of the instant loan certificates existed in the creditors with respect to G corporation, taking into account the overall purport of the entries and arguments in Gap 2, 3, 7, and Eul 5.

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