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Reasons
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(영문) 대구지방법원 2020.11.25 2019나319028
대여금
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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On November 6, 2015, the Plaintiff remitted KRW 50,000,00 to the Defendant’s account. The Plaintiff’s Dong C, a representative director, remitted KRW 48,338,065 to the Defendant’s account on December 17, 2015, and the Plaintiff wired KRW 5,886,30 to the Defendant’s account on December 21, 2015.

(Total Transfer of KRW 104,224,365 (hereinafter referred to as “each of the instant transfers”). Such transfers are made upon request to C by E (the birth of the representative director D) who substantially operates the Defendant.

B. C on August 10, 2020, transferred to the Plaintiff a loan claim or a claim for return of investment funds held against the Defendant based on the above remittance. On August 13, 2020, C sent a notice of assignment of claims stating such transfer to the Defendant. Around that time, the Defendant was served with the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, 6, 7, Eul evidence No. 2 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Plaintiff 1) Upon receipt of a request from the Defendant for a monetary loan from the Defendant via C, the Plaintiff loaned KRW 104,224,365 to the Defendant a total of KRW 70,00,00,000. Of these, the Defendant is obligated to pay the remainder of the loan to the Plaintiff and the damages for delay. 2) Preliminary Claim C was requested from the Defendant for a monetary loan or a principal security investment, and the Defendant lent or invested a total of KRW 104,224,365 to the Defendant with the Plaintiff’s aid, and the Defendant was 70,000,000,000,000 among them. Accordingly, C has a claim for the remaining loan or investment amount of KRW 34,224,365 and damages for delay.

The Plaintiff acquired the entire claim from C, and the Defendant must discharge the obligation to the Plaintiff.

B. The defendant's actual representative E and C

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