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(영문) 대전지방법원 2018.01.25 2017가단202262
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 March 2014, the Plaintiff agreed to jointly establish and operate the Defendant’s representative director C and the Defendant Company (hereinafter “instant partnership agreement”) and paid KRW 50 million to the Defendant Company as its capital on March 27, 2014.

B. On April 3, 2014, Defendant Company was established as a company with 20,000 shares issued on April 3, 201, and KRW 100,000 capital, and the Plaintiff and C assumed office as a joint representative director.

C. As of March 24, 2017, in the list of shareholders of a defendant company, the number of the Plaintiff is 9,800 shares (49%) in the list of shareholders of the defendant company, C is 8,200 shares (41%) in the number of the Plaintiff, C is 2,00 shares (10%) in the list of shareholders of the defendant company, and D is 2,00 shares (10 shares).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6 and Eul evidence No. 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff loaned the Defendant Company a total of KRW 100 million, including KRW 27 million on August 2, 2014, KRW 23 million on October 6, 2014, and KRW 50 million on October 10, 2014, the Defendant is obligated to pay the Plaintiff the amount of KRW 100 million. The Defendant’s assertion 2) although the Defendant received KRW 100 million from the Plaintiff, it was said that the Plaintiff invested in the Defendant Company, but the Plaintiff’s claim is without merit.

B. The Plaintiff paid the Defendant Company a total of KRW 100 million, including KRW 27 million on August 2, 2014, KRW 23 million on October 6, 2014, KRW 50 million on October 10, 2014, and KRW 100 million on October 10, 2014, although there is no dispute between the parties. However, in light of the overall purport of the pleadings on the facts recognized as above and the evidence Nos. 1 and 2, 4, 6, 9, and 12 (including each number), each of the following circumstances revealed: (i) when examining the message transmitted by the Plaintiff at the time of depositing money in the Defendant Company, namely, “A capital” from the time of the Plaintiff’s deposit in the Defendant Company; (ii) in the case of KRW 27 million on August 29, 2014; and (iii) in the case of KRW 301 million on October 26, 2014; and (iv) in the case of Defendant Free.

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