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(영문) 수원지방법원 성남지원 2018.11.20 2017가합408120
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. Facts of recognition;

A. As to the details of the attached monetary transaction, the Defendants are the deceased E (Death on June 17, 2017, hereinafter “the deceased”).

A) The wife and his/her children are legal successors. From January 31, 2008 to April 24, 2013, the Plaintiff traded money more than 95 times between the deceased and his/her children, as shown in the attached monetary transaction details. 2) Each of the above contents is the amount and date of the Plaintiff’s lending to the deceased, and each of the “payment” items is the date of the Plaintiff’s repayment to the Plaintiff.

3) On August 10, 2010, the Deceased was appointed as the Plaintiff’s intra-company director. However, during one year from January 2009 to December 12, 201, the Plaintiff received KRW 120,39,050, such as the details of money transaction No. 22 attached hereto, from the Plaintiff as salary. (4) The Plaintiff borrowed the money borrowed from the Plaintiff from the financial institution to the Deceased during the process of lending the money to the Deceased, and accordingly, the interest paid by the Plaintiff to the financial institution was paid from the Deceased.

As above, each of the above loans stated in the No. 38, 41, 44, 47, 52, 54, 55, 60, 67, 69, 75, 78, 83, 86, 89, 90, and 93 as stated in the No. 38, 41, 47, 52, 54, 55, 60, 67, 69, 78, 86, 89, 90

5) As indicated in the [Attachment Nos. 34 through 37], the Plaintiff paid each of the above loans as dividend income tax and resident tax on behalf of the Deceased, as indicated in the [Attachment No. 34 or 37]. In full view of the above 95 times, the Plaintiff’s total amount of loans remains 6,00,452,678 won, and the sum of the repayment money of the Deceased is 5,081,978,120 won, and the Plaintiff’s loans are 918,474,558 won.

B. From May 16, 2014 to January 29, 2016, the Deceased’s subrogated performance shall be KRW 845,000,000, out of the Plaintiff’s obligations to the Credit Guarantee Fund.

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