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(영문) 의정부지방법원고양지원 2015.11.04 2014가단71364
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On September 17, 2012, the Plaintiff asserted that, on the claim against Defendant C, deposited KRW 40 million into the account of Defendant C, the Plaintiff was registered as the auditor of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and that, until May 2013, the monthly wage was paid in an amount equivalent to KRW 585,44, monthly interest rate, and thus, the Plaintiff is liable to pay the above loans, interest, or delay damages.

In full view of the respective descriptions and the overall purport of the pleadings, evidence Nos. 1, 3, and 4 (including each number, if any) deposited KRW 40 million in the Defendant C’s account on September 17, 2012, the Plaintiff was registered as the auditor of the Defendant Company, and the fact that the Plaintiff received KRW 1,463,610 each month by May 10, 2013 is recognized.

However, comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 2 and Eul evidence Nos. 1 through 5, the plaintiff filed a marriage report with D on Jun. 26, 2012, and reported divorce on Jan. 27, 2014, and Eul lent KRW 70 million to defendant C around August 20, 2012, and set up a collateral security right with a maximum debt amount of KRW 70 million as to No. 204, 109, 109, 2000, which is owned by the defendant C, with the defendant company as its executive officer on Aug. 20, 2012, and the amount of wages shall be KRW 1.5 million.

Recognizing that the investment amount may be fully lost, the Company does not guarantee the investment amount of the investor in any case, and the amount of the investment shall be deposited by A, the spouse of the investor or the investor, and shall be deposited into G or C banking institutions;

The fact that A, a spouse of an investor, entered into an investment agreement by providing that it shall have the position and salary of an auditor temporarily due to the investor’s personal circumstances; Defendant C returned KRW 10 million out of the amount deposited by the Plaintiff to D on September 17, 2012; and D on December 31, 2013.

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