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(영문) 서울중앙지방법원 2016.12.08 2016가단5019018
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. Determination as to the cause of claim

A. Plaintiff’s assertion 1) The Defendants used the Plaintiff’s position as the president and representative of “D”, employed by the Plaintiff, and requested the Plaintiff to lend money to the Plaintiff as soon as money was raised from “E,” a separate company operated by Defendant B, under the circumstance that early operation funds fall short of the initial operation funds after the relocation of the said furniture. Accordingly, the Plaintiff deposited KRW 75 million as the head of the Defendant C’s national bank, and KRW 75 million as of October 2, 2015, respectively. Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff the total amount of KRW 75 million to the Plaintiff. 25 million, the Plaintiff’s funds first distributed to the said household store, i.e., the Defendants trusted the Defendants’ commitments, i., the Defendant’s payment of KRW 75 million, 200,000,000,000 to KRW 75,500,0000,0000,000 won to the Defendant’s general bank’s payment of KRW 1.

After the opening of the above furniture, Defendant B unilaterally closed the above furniture by unilaterally closing the said furniture while Defendant B had no intent to operate the said furniture any longer than the AF head.

As above, upon the request of the Defendants, the Plaintiff borne KRW 44,170,780 with the operating capital of the above furniture (= KRW 24,170,780,000). The Defendants obtained profit equivalent to the above amount, and the Plaintiff suffered loss equivalent to the above amount. Accordingly, the Defendants are jointly and severally liable to return the above KRW 44,170,780 with unjust enrichment to the Plaintiff.

B. The part of the claim for the loan No. 1 was examined, and the plaintiff was defendant C's.

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