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(영문) 서울동부지방법원 2018.10.16 2017가단122803
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 transferred KRW 50,00,000,000 to the account of a stock company C (hereinafter “C”) established by the Defendant on October 6, 2009, respectively, and KRW 30,000,00 on February 3, 2015, and March 29, 2015, and KRW 16,00,000 on March 16, 2016.

On November 26, 2015, the Plaintiff transferred KRW 30,000,000 to the Defendant’s account, KRW 21,000,000 on December 8, 2015, and KRW 30,000 on December 14, 2015, respectively.

On February 5, 2015, the Plaintiff delivered 50,000,000 won in cash to the Defendant, and the Defendant immediately deposited the said money into the account of C.

B. On July 23, 2015, C remitted KRW 30,000,00 to the Plaintiff. The Defendant remitted KRW 15,000,000 on January 22, 2016, KRW 16,000 on February 11, 2016, KRW 18,000,000 on February 22, 2016, KRW 15,000 on February 29, 2016, KRW 10,000 on April 11, 2016, KRW 10,000 on April 201, 2016, KRW 10,000 on May 20, 2016, and KRW 10,000 on May 10, 2000 on May 17, 2016, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, and 6, the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Plaintiff: (a) lent a total of KRW 227,00,000 to the Defendant at an annual interest rate of KRW 124,00,000,000 from the Defendant; and (b) the Defendant was obligated to pay to the Plaintiff the remainder of KRW 103,000,000,000 from May 18, 2016 to the delivery date of the copy of the instant complaint, the agreed interest rate of KRW 12% per annum; and (c) delay damages calculated at an annual rate of KRW 15% as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

(2) Even if the above domestic money is not a loan to the defendant, but a loan or an investment amount to C, the defendant is liable to repay the loan to the plaintiff or return the investment amount to the plaintiff as the person behind the behind behind the abuse of corporate personality.

(3) The Defendant, by deceiving the Plaintiff that it would be able to gain a large amount of profit if it invests in the powder business, received the investment money from the Plaintiff and used it for other purposes, is liable to compensate the Plaintiff for the tort.

B. The defendant's assertion.

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