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(영문) 부산지방법원 2015.01.20 2014가단47890
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As the representative director of C, D, who is the defendant, was appointed on June 16, 201 and resigned on July 15, 2013, and the plaintiff was appointed on July 15, 2013 and was reappointed on June 16, 2014 following his/her resignation.

B. The Defendant remitted total of KRW 138,00,000 to the account of C from July 31, 2012 to May 28, 2013.

C. On August 8, 2012, the Plaintiff transferred KRW 30,000,00 to the Defendant’s account (in this case, the Plaintiff was a company director C).

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1 and 2

2. The plaintiff alleged that the above 30,000,000 won, which was remitted to the defendant's account, is a loan. However, in light of the personal relations and the details of money transaction between the plaintiff, the defendant, and the stock company as seen earlier, it is insufficient to view the above 30,000,000 won only with the statement of No. 1 (passbook copy) as a loan, and there is no other evidence to acknowledge it.

3. Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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