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(영문) 수원지방법원평택지원 2015.11.27 2015가단44705
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 23, 2012, the Plaintiff: (a) around May 23, 2012, leased KRW 36,00,000 to the Defendant under the name of KRW 5,950,00,000 for developing the 10,810 square meters of Pyeongtaek-si C10, which is the land owned by the Defendant (hereinafter “instant land”); and (b) the expenses for

(hereinafter “instant loan”). Therefore, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 36,00,000,000 and damages for delay.

2. On May 23, 2012, the fact that the Plaintiff transferred KRW 36,00,000 from the Plaintiff’s account under the Plaintiff’s name to the Defendant’s account is not disputed between the parties. However, there is a lack to acknowledge the fact of the instant lending only with the entries in the above-mentioned facts and the evidence Nos. 1 and 2, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is without merit.

The Defendant and D Co., Ltd. (hereinafter referred to as “D”) are subject to the overall purport of the statements and arguments set forth in subparagraphs 1 through 4 of this paragraph.

3) The Plaintiff appears to have transferred KRW 36,00,000 for development authorization and permission expenses to the Defendant’s account under the name of the Plaintiff in the Plaintiff’s name, the wife of D’s in-house director E, to the Defendant. Meanwhile, the Plaintiff asserts to the effect that since the said joint real estate development agreement was terminated, the Defendant should return the said KRW 36,00,000 to the Plaintiff as unjust enrichment, but the Plaintiff is not a party to the said joint real estate development agreement, and this part of the Plaintiff’s assertion is not a party to the said joint real estate development agreement, and there is no reason to further consider the Plaintiff’s claim.

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