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(영문) 의정부지방법원고양지원 2016.07.22 2015가단25962
차용금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff requested the Plaintiff to lend money in the name of operating expenses of the electric cable manufacturing factory, and the Plaintiff, from October 18, 2005 to November 25, 2015, lent total of KRW 100 million to the Defendant by transferring money to the account of the Defendant’s management C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) three times throughout the period from November 18, 2005.

Therefore, the defendant is obligated to pay the above loan 100 million won and damages for delay to the plaintiff.

B. The money transferred by the Plaintiff to the account of the non-party company around 2005 is limited to the money invested by the Plaintiff in the non-party company, and is not the money borrowed by the Defendant.

2. According to the statements in Gap evidence Nos. 1 and 2 (including branch numbers), it is recognized that the plaintiff made a statement of accounts containing the purport that the plaintiff paid KRW 4 million to the plaintiff as interest of KRW 17 million on November 18, 2005, KRW 50 million on or around November 16, 2005, ② KRW 33 million on or around November 16, 2005, ③ around November 25, 2005, and KRW 100 million on or around November 25, 2005, and that the defendant made a statement of accounts containing the purport that he paid KRW 4 million to the plaintiff as interest of KRW 10 million.

Meanwhile, the following circumstances acknowledged by comprehensively taking account of the descriptions in subparagraphs 3, 4 (including each number), and 1, and 2 as well as the overall purport of arguments are as follows. In other words, the Plaintiff prepared a partnership agreement (Evidence 4-1) with the transfer of KRW 100 million to the non-party company as of October 17, 2005, and the Plaintiff made an investment of KRW 100 million to the non-party company, but the Plaintiff decided to settle the profit distribution up to February 18, 2016 at an interest rate of 2% per month. Under the same partnership agreement, the non-party company stipulated that the non-party company should report to the Plaintiff all matters concerning its business, such as the non-party company’s property and balance sheet, and the Plaintiff asserted that the non-party company acquired KRW 5,500 shares of the non-party company at the time of the preparation of the above partnership agreement, and that the Plaintiff was an investment of KRW 100 million when filing a complaint due to fraud, etc.

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