(영문) 창원지방법원마산지원 2015.05.15 2015가단260

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(영문) 창원지방법원마산지원 2015.05.15 2015가단260

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The primary cause of the claim: around November 1, 2013, the Plaintiff lent KRW 35 million to the Defendant Company as operating capital.

B. Preliminary cause of claim: even if the Plaintiff loaned the above money to C other than the Defendant Company, since C promised to pay the above money to the Plaintiff as the representative director of the Defendant Company, the Defendant Company is obligated to pay the said money in accordance with the agreement.

2. Determination

A. According to the evidence No. 1 of the judgment as to the primary cause of claim No. 1, the fact that the Plaintiff deposited KRW 35 million into the account in the name of representative director D on November 1, 2013 is recognized.

However, even based on all evidence submitted by the Plaintiff, it is insufficient to recognize that the Plaintiff lent the above KRW 35 million to the Defendant Company, and there is no other evidence to acknowledge it.

Rather, according to the evidence Nos. 1 through 3, and No. 1, as stated in the evidence No. 1, it is determined that D sells all the real estate and facilities of the Defendant company to C on October 28, 2013, and that C entered into a contract for the transfer of business to pay KRW 35 million monthly to D by April 30, 2015, which is the final payment date for the purchase price, by leasing and operating the Defendant company. The Plaintiff, as a person who was known well as C, was working as the vice president for the Defendant company after entering into the above contract for the transfer of business at the request of C, the rent for November 1, 2013 in the above contract for the transfer of business was paid to C by November 1, 2013, the Plaintiff, upon request of C, deposited KRW 35 million in the account in the name of D on November 1, 2013, and the Plaintiff was determined to have not received the above request for deposit from D, and the Plaintiff was determined to have received the above deposit.

(b) Determination A on the ancillary cause of the claim

유사 판례

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