logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.04.17 2017가합25133
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

As to the Plaintiff’s assertion on money transferred to C Association, the Plaintiff’s representative director D (the deceased on March 28, 2017, hereinafter “the deceased”) served as the president of C Association (hereinafter “C Association”) that is an incorporated association before the birth. The sum of KRW 46,490,000 transferred from the Plaintiff Company’s account to the account of C Association, etc. as indicated below was lent by the Plaintiff Company to the deceased. As such, the Defendant (the deceased’s heir) should return the said money to the Plaintiff Company.

On November 25, 2013, 15,690,000 won, 25,000 won, 25,000 won, 25,000,000 on April 25, 2014, and 32,000 won, 12,80,000,000 won, and 42,00,000 won, from G Bank H 12,80,000,00 won, 5,200 won, and 46,00,000 won, were transferred to the Plaintiff Company’s account to the Plaintiff Association on December 27, 2016, and there is no other evidence to acknowledge that the Plaintiff Company borrowed money to the Plaintiff Association on the sole basis of the following facts:

As to the assertion regarding the substitute payment for share acquisition price, K transferred 16,00 shares of the Plaintiff Company to the Deceased on or around September 2013, 2013, KRW 200,000, and from the Plaintiff Company: ① 50,000,000 won on January 23, 2015; ② 20,000,000 won on February 11, 2015; ③ December 13, 2015; and ③ 14,000 on December 13, 2015.

arrow