beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion is the corporation that operates the equipment construction business.
On January 4, 2013, the Plaintiff lent KRW 45 million on September 16, 2013, and KRW 15 million on September 16, 2013 at the Defendant’s demand for borrowing money.
The defendant shall repay the above loans of KRW 45 million.
2. According to the written evidence Nos. 1 and 2, it is recognized that C, the representative director of the Plaintiff, remitted KRW 30 million to the Defendant on January 4, 2013, and remitted KRW 15 million to D designated by the Defendant on September 16, 2013.
However, as the defendant's side contests about the above remittance amount of 45 million won, it is not a loan, it is examined whether the above remittance amount constitutes a loan.
In accordance with the following circumstances, the Plaintiff was awarded a subcontract for machinery and equipment and fire fighting works among the Daegu E Complex Construction Works, Daegu EM on December 2, 2012, and C, the representative director of the Plaintiff, was aware of the Defendant who had worked as the head of F in the process of accepting the above subcontract for construction works, and was unaware of the Defendant prior to that time, and the Plaintiff did not receive the receipt of the loan while remitting the amount of KRW 45 million to the Defendant. The Plaintiff’s side did not lend the loan amount of KRW 45 million to a person who had no profl relationship with the Defendant, and it is difficult to easily understand that the loan certificate or confirmation certificate, etc. was not received. G, who had worked as an employee of F at the above construction site, was paid KRW 45 million from the Plaintiff for the management expenses at the construction site (Article 3). The Plaintiff’s representative director, who was the representative director, was aware of the Defendant, and the Plaintiff’s money was transferred to the Defendant 1,500,000 won.