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(영문) 서울남부지방법원 2019.05.21 2018가합107788
대여금
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's primary assertion is that the defendant C was invested 7,450,000,000 won from the plaintiff as business expenses for a golf course and agreed to input it in the form of loan to the defendant B Co., Ltd. (hereinafter "the defendant company"), and thus, even though the plaintiff's loan remains in 260,000,000 won, the defendant company's arbitrary manipulation of the account books of the defendant company's arbitrary manipulation of the plaintiff's loan remains in 260,000,000 won. Thus, since the balance of the plaintiff's loan remains in 4,10,000 won, it constitutes a tort under the Civil Act, and the defendant company is liable to compensate the plaintiff as the employer, the defendants are jointly obligated to pay the plaintiff 260,000,000 won as compensation for damages.

Preliminaryly, Defendant C, as a partner of the Plaintiff, agreed to conduct a golf course business in the name of the Defendant Company, and received KRW 7,450,00,000 from the Plaintiff. As such, Defendant C, despite its duty to settle and return these accounts, is obligated to return KRW 260,000,000, which was not repaid to the Plaintiff, as it neglected the above duty by operating the Defendant Company’s provisional deposit account. As such, Defendant C was obligated to return KRW 7,450,000,000 from the Plaintiff. The Defendant Company received KRW 260,000,000 from the Plaintiff, which was not returned. As such, it is obligated to return the amount.

2. As to the Plaintiff’s primary assertion and conjunctive assertion, the health team and the evidence alone presented by the Plaintiff lent money to Defendant C or Defendant Company.

or Defendant C operated the accounting books of the Defendant Company.

In addition, there is no other evidence to acknowledge that the amount to be returned by the Defendants to the Plaintiff remains in KRW 260,000,000, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim for payment of the money is without merit.

3. Thus, the plaintiff's primary and conjunctive claims against the defendants are dismissed as it is without merit.

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