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(영문) 대구지방법원 2019.03.22 2018가단1886
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. The plaintiff's assertion

A. Nonparty D promised to offer 25% of the shares of the Defendant Company if it loans 100 million won to the Plaintiff for the establishment of the Defendant Company.

B. Therefore, on December 13, 2016, the Plaintiff lent to Defendant B’s account 100 million won. On December 14, 2016, the Plaintiff issued his/her certificate of personal seal impression, certificate of personal seal impression, and certificate of driver’s license to the said D for the relocation of his/her director.

In addition, 100 million won remitted by the plaintiff was used as the incorporated capital of the defendant company.

C. Therefore, Defendant B is obligated to return 100 million won to the Plaintiff as a borrower who borrowed the above 100 million won, and if Defendant B is not obligated to return the said money to the Plaintiff, the Defendant Company is obligated to return the said money to the Plaintiff

2. According to the purport of each statement and the entire argument of the evidence Nos. 1 to 17 (including virtual numbers) in the board, it is difficult to view that Defendant B borrowed the said money from the Plaintiff only by lending KRW 100 million to the said D and by using Defendant B’s account.

In addition, the above 100 million won that the plaintiff lent to the above D was used as the incorporated capital of the defendant company, and there is no evidence to acknowledge the fact that the defendant company borrowed the above 100 million won.

Therefore, the Plaintiff’s claim against the Defendants cannot be accepted.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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