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(영문) 수원지방법원안양지원 2019.11.21 2019가단107508
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 3, 4 (including paper numbers; hereinafter the same shall apply) and Eul evidence 1, 3.

The defendant is married with C but has been divorced on February 2017, and the plaintiff is the father of C, and D seems to be the father of the defendant.

B. On July 1, 2010, the Plaintiff established E Co., Ltd. (hereinafter “E”) and managed it as the representative director. On July 27, 201, the Defendant, who was appointed as the representative director, changed its trade name to F Co., Ltd. (hereinafter “F”), and thereafter, the Defendant managed F.

C. At the time of establishment of July 1, 2010, E held 9,900 shares issued (30,000 shares per share; hereinafter the same shall apply) as the Plaintiff, 7,500 shares, G, 4,500 shares, G, 8,100 shares, as each shareholder, H held 14,50 shares, as of August 3, 2012, as of August 3, 2012, the Defendant held 14,500 shares, C, 9,900 shares, D (domestic directors) 7,50 shares, and H (auditor) 8,100 shares as each shareholder.

D transferred KRW 70,00,000 to the Plaintiff on August 8, 2011.

E. From August 10, 201 to October 5, 2012, the Plaintiff remitted total of KRW 218,500,000 to the Defendant as shown in the following table (hereinafter “Transfer Contents table”). The Defendant remitted total of KRW 64,30,00 to the Plaintiff during the period from September 27, 201 to December 10, 2018 as listed in the following table.

The details of remittance by the Plaintiff 1.0. 10. 5, 201. 8. 10. 27, 201. 9,500,000 - 4,500,500- - 300,000 - 2,500 - 230,000 - 15,000 - 17,500,500,000 - 15,000 - 17,500,000 - 5,000,000 - 50,000 - 26. 20,000,00 - 50,000 - 26,000 - 26,007,000 - 26,500,000 - 26,000 - 26,5,2005;

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