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(영문) 서울중앙지방법원 2015.11.24 2015가단117057
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. The plaintiff operates the Cambodia, and the defendant is a corporation operating the travel business (domestic and overseas), and the representative director is B.

B. C is registered as the Defendant’s internal director as the Plaintiff’s representative director B’s children, and operates the instant travel agent as the representative of D (hereinafter “instant travel agent”).

C. The Plaintiff lent USD 139,000 in total on 13 occasions from July 17, 2006 to February 5, 2010 as business subsidies to the instant travel company (hereinafter “instant loan”).

The Plaintiff lent USD 125,00 on nine occasions from July 17, 2006 to February 25, 2009 at the time of the instant loan, and received a cash storage certificate and a loan receipt from E, a management officer of the instant travel agency, and lent USD 14,500 on four occasions from June 2, 2009 to February 5, 2010. The Plaintiff received a loan receipt in its name from the head of the instant travel agency and the head of the headquarters.

The Plaintiff agreed to pay a certain amount of sales commission to the instant tourr in accordance with the amount of the Plaintiff’s purchase of goods at the store operated by the Plaintiff between the instant tourr and the instant tourr. As part of the sales commission to be paid to the instant tourr by December 1, 2014, the Plaintiff appropriated partial repayment of the instant loan as part of the sales commission to be paid to the instant tourr until December 1, 2014, and then the balance of the instant loan is USD 3

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 17-20, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant Company operates the Defendant Company in substance, such as using C’s account in relation to the Defendant’s business, and paying communications expenses and credit card payments from the account of the instant travel agency to the Defendant’s representative director, etc.

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