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(영문) 제주지방법원 2016.02.03 2015나1222
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the evidence No. 1-1-3 of the basic facts, the Plaintiff deposited KRW 20 million in total on three occasions with the Defendant’s account on September 19, 201 (the KRW 8 million was transferred from the Plaintiff’s husband’s account).

2. The assertion and judgment

A. The plaintiff asserted that if the defendant, who was known to the ordinary city, found at his own expense on September 19, 201 and lent KRW 20 million to him, he would give two or more copies of the monthly interest and use and return it for a month at one week, and in the above manner, he lent KRW 20 million to the plaintiff. Thus, the defendant is obligated to pay the above money to the plaintiff.

In this regard, the defendant asserted that the plaintiff received and delivered D's borrowing money or the plaintiff's investment money related to the real estate investment business from the plaintiff to the defendant's account, and that it did not borrow money from the plaintiff.

B. 1) In full view of the overall purport of the arguments in the statements in Gap evidence Nos. 2, 7 through 9, Eul evidence Nos. 1, 7, and 9, the defendant, E, and D, etc. are the "F of the corporation" for the purpose of punishing money through real estate investment on July 4, 2011 (hereinafter the "non-party company").

(1) At the time of establishment, the non-party company’s establishment, D, G (the Defendant’s birth together), H (the husband, E, the director, and the defendant’s auditor. The representative director first participated D, and the replacement was made on October 19, 201. The non-party company purchased several parcels of land located in Chungcheongnam-do under the name of a corporation or the representative director. The purchase cost incurred by the relevant party’s investment or loan. The investors, who did not facilitate the sale of the above land, demanded the representative of the non-party company E to prepare a notarial deed. On December 30, 2013, E demanded the preparation of a notarial deed from the representative of the non-party company holding the ownership of the above land, and on December 30, 2013, E prepared to D a notarial deed of KRW 11250,000,000,000,000,000 won and 21,000,000 won, respectively, to I.

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