logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2014.05.09 2013가단7303
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff: (a) invested KRW 300 million to the Defendant from February 24, 2012 to March 15, 2012; (b) received a request from the representative director C to request the Defendant to lend the Defendant’s operating funds; and (c) lent KRW 56 million to the Defendant on October 4, 2012 separate from the above investment funds; (d) accordingly, the Plaintiff asserts that the Defendant is liable to pay the Plaintiff the above loan amount of KRW 56 million and delay damages.

B. As to this, the defendant invests KRW 300 million in the defendant, and registered the plaintiff's wife D as the defendant's shareholder and director, and actually participated in the defendant's management, and additionally invested the defendant's above KRW 56 million due to lack of working funds. Thus, the above claim of this case on the premise that the above KRW 56 million is a loan is groundless.

2. Determination

A. The evidence No. 2 (Evidence) of the defendant among the shareholders of the defendant, only affixed the seals of E and D, the plaintiff's wife, who filed a complaint with the plaintiff's representative director Eul, and since the remaining shareholders or the defendant's representative director did not affix their seals, they cannot be admitted as evidence because their authenticity cannot be recognized. In relation to the transfer of KRW 56 million to the defendant by the plaintiff, F did not appear at the site when the plaintiff agreed with the plaintiff, and it is insufficient to recognize the plaintiff's assertion that the plaintiff lent KRW 56 million to the defendant on October 4, 2012 only based on the witness F's testimony and other evidence submitted by the plaintiff, in light of the following facts.

B. The following facts may be acknowledged in light of Gap evidence 1, Gap evidence 3, Eul evidence 5-2, 3, 7, Eul evidence 3-1, 2-2, Eul evidence 4-2, witness F, and Eul evidence 4-2, and the whole purport of the arguments in whole.

1) On December 27, 201, C, G, and E (F’s father) established the Defendant in order to import and sell sea ginseng from H that cultivates sea ginseng, etc. at the South Pacific Tong, and C is the Defendant’s representative director.

arrow