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(영문) 대전지방법원천안지원 2020.08.19 2019가단9688
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 9, 2018, the Plaintiff asserted that, upon receiving a request from the Defendant, the Plaintiff lent KRW 80,000,000 to the Defendant for the payment of KRW 80,000,000 in cash without setting the due date for payment.

Therefore, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 80,000,000 and damages for delay.

2. Determination

(a) Any of the following facts is not disputed between the parties, or may be acknowledged by taking into account the overall purport of the pleadings as a whole in the entries in Gap evidence 1, 2, and Eul evidence 1:

1) The Plaintiff is a fisheries company C (hereinafter “foreign company”).

(2) As of March 6, 2018, the Defendant entered into a share transfer contract with F to acquire 16,000 shares of the company of the non-party from F in return for acquiring KRW 80,000 shares of the company of the non-party from F in return for the cooperation with the Plaintiff. The Defendant worked as the head of the non-party company as the head of the headquarters in the non-party company D and E in the operation of the company of the non-party D and E.

3. On March 6, 2018, KRW 40,000 has been transferred from the Defendant’s account to the Defendant’s account, KRW 40,000,000 has been transferred from the Defendant’s account to the Defendant’s account, and KRW 14:34 has been transferred from the Defendant’s account to the Defendant’s account. On the same day, KRW 80,000,000 has been transferred from the Defendant’s account to the F.

On March 9, 2018, the Defendant transferred the above KRW 80,000,000 from F to F, and deposited KRW 77,50,000 in the Defendant’s account on March 16, 2016, and then transferred the KRW 40,00,000 to E’s account on the same day, and KRW 35,00,000 to D’s account on the same day.

B. The defendant asserts that the plaintiff transferred the above funds to the defendant for the evidence that the non-party company's shares were transferred without compensation to the defendant, and that it did not borrow KRW 80,000,000 from the plaintiff.

(c).

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