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(영문) 서울서부지방법원 2014.01.10 2013가합7530
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

C was the auditor of February 16, 201 of D Co., Ltd. (hereinafter referred to as “D”) who published the weekly newspaper of D’s specialty magazines, and is the representative director from February 17, 201 to February 17, 201.

C prepared money to establish a fish driving school in detail in the Philippines with the husband E working in D, and requested the F account, the representative director of D at the time, to transfer the money to the F account.

On August 20, 2007, the Plaintiff remitted (hereinafter “first remittance”) KRW 100,000,000 to the F’s foreign exchange bank account at the request of E, and KRW 70,000,000 on October 16, 2007, respectively, (hereinafter “the first remittance”), and F, with knowledge that it would be used in establishing the KIN in detail in the Philippines, sent the said money to C (170,000,000).

The defendant, a related company of D, was established on February 19, 2008 for the purpose of establishing and operating a fish driving institute in detail in the Philippines, and C is currently in-house directors of the defendant.

On June 23, 2008, the Plaintiff transferred KRW 10,000,000 to F’s foreign exchange bank account (hereinafter “second remittance”).

【In the absence of dispute, the Plaintiff’s claim summary of the judgment on each of the statements in Gap’s Evidence Nos. 1, 2, 3, 14, and 15, witness F’s testimony, and all of the arguments, and the cause of the claim as a whole, agreed to distribute profits and return principal to Eul, with the intention of raising funds to establish a Merecing Private Teaching Institutes in detail, and the Plaintiff requested E was aware of the amount to be used in establishing a Mecing Private Teaching Institutes in detail.

Since the above money was used in establishing a fish driving school in detail for the defendant, the plaintiff believed to lend it to the defendant as a matter of course, and the defendant is liable as a company during the establishment. Thus, the defendant is obligated to pay 180,000,000 won and delay damages to the plaintiff as the debtor of the loan following the first and second remittance.

In this regard, the defendant is not the defendant but the other party who remitted money to the plaintiff, and the first remittance is established by the defendant.

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