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(영문) 대구지방법원 2015.05.28 2014가단118564
대여금
Text

1. Defendant B Co., Ltd.: (a) KRW 20,000,000 for the Plaintiff and the period from April 3, 2015 to May 28, 2015.

Reasons

1. The plaintiff's assertion

A. The Plaintiff, at the request of the Defendants, lent KRW 50 million to the Defendant Company’s corporate account by means of remitting KRW 50,000,000 to three times from December 26, 2012, and Defendant C repaid KRW 10,305,508 as of July 4, 2014; and Defendant C paid KRW 59,694,492 as of December 29, 209, by claiming that the Plaintiff paid KRW 50,000 to the Defendant Company’s corporate account.

B. The Defendants asserted that Defendant C, D, and E merely lent a passbook in their name to the networkF, and they did not have any monetary transaction with the Plaintiff.

2. Determination

A. First of all, determination on the above part of the claim amounting to KRW 50,000: (a) according to the statements in Evidence Nos. 2, 5, 6, 7, 9, 10, 11, and 12 as to the above part of the claim, the Plaintiff transferred KRW 15,000,000 on December 26, 2012; (b) gold KRW 25,000,000 on December 28, 201; and (c) gold KRW 10,000,000 to the account under the name of the auditor of the Defendant Company; (c) according to the above facts, the Plaintiff transferred KRW 50,00 to the Plaintiff’s account from the Defendant D’s account to the Plaintiff’s account; and (d) from the time of the incorporation of the Defendant Company, Defendant C transferred the money to the Plaintiff’s account under the name of the Defendant Company No. 314 on December 1, 2013.

In addition, only the statement of Gap evidence Nos. 14 through 20 is out of the above borrowed money.

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