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(영문) 인천지방법원부천지원 2017.11.14 2017가단3194
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 25, 2016, the Plaintiff asserted that he/she lent KRW 75 million to the Defendant on January 25, 2016. Thus, according to the evidence No. 1, the Plaintiff was aware that he/she remitted KRW 75 million to the Defendant’s account under the name of the Defendant. However, according to the Plaintiff’s statement No. 1 through 3, the Plaintiff’s actual representative offered the E business to D around February 2015, in addition to the entire purport of the pleadings as a result of the fact inquiry into the Plaintiff’s corporation B, and the Plaintiff established B (hereinafter “B”) for the progress of the business. Since the Plaintiff’s new construction contract was concluded between the Defendant and the Defendant around October 2015, the payment of progress payment to the Defendant was delayed, the Plaintiff’s assertion that the Plaintiff paid KRW 75 million to the Defendant on behalf of the Defendant was insufficient to recognize the Plaintiff’s deposit in the Plaintiff’s account under the name of the Plaintiff.

Therefore, the plaintiff's assertion is without merit.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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