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(영문) 창원지방법원통영지원 2015.12.08 2015가단5186
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 208, 2008, the Plaintiff was promoting D development projects (hereinafter “instant development projects”) in the Japan Island and its surrounding public waters at the same time and was introduced from E to the Defendant who was engaged in fishery in the said development projects.

B. On August 6, 2008, the Plaintiff entrusted the name to the Defendant and completed the registration of transfer on September 3, 2008 by purchasing the F’s share at KRW 45 million from among the fishery rights G for a macro-type fishery business (hereinafter “instant fishery right”) for part of the public waters within the planned development area of the instant development project from F, and purchasing the F’s share at KRW 45 million, and completing the registration of transfer on August 28, 2008, under the trust of the Defendant on August 27, 2008.

C. The plaintiff B.

separate from the funds for purchasing the fishery rights as stated in the Paragraph, the Defendant remitted the amount of KRW 30 million to the Defendant’s account on October 9, 2008, and KRW 15 million on November 14, 2008. The Defendant withdrawn KRW 23 million on October 14, 2008 by means of a check, etc., and the amount of KRW 25 million on November 7, 2008 by cash and KRW 45 million on November 14, 2008 by means of a check, etc.

On November 17, 2010, the Defendant completed the registration of establishing a mortgage, which is a fisheries cooperative with a person holding a right to collateral security, with respect to the share registered in the name of the Defendant, among the instant fishing rights, upon obtaining a loan from the said fisheries cooperative. At the Plaintiff’s request, the Defendant discharged on January 9, 2012 the debt owed to the said fisheries cooperative with a person holding a right to collateral security, and completed the registration of establishing a mortgage on January 16, 2012. On January 18, 2012, the Defendant revoked the registration of establishing a mortgage on January 16, 201.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 through 3 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion and judgment

(a) the Parties;

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