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(영문) 대구지방법원서부지원 2013.10.11 2011가합2419
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is the representative director of the non-party C Co., Ltd. (the plaintiff was the non-party D Co., Ltd., which was changed to the trade name as of January 6, 2010; hereinafter "non-party company"), and the defendant was the representative director of the non-party company.

The defendant was appointed as a representative director on January 19, 2009 and resigned on December 10 of the same year.

B. On January 15, 2007, the non-party company was incorporated into E with the trade name of Jan. 15, 2007. On November 26, 2008, the non-party company was changed to D Co., Ltd., the representative director, and the director to non-party F, respectively.

C. Meanwhile, the above F was detained from January 2009 to February 2009 on suspicion of fraud, etc., and the non-party company changed the representative director on January 19, 2009 during the period of detention to the defendant.

From April 3, 2009 to November 30 of the same year, the Plaintiff remitted the sum of KRW 584,400,000 to the bank account of the non-party company from April 3, 2009. On November 11, 2009, the non-party G is the office staff of the attorney-at-law office, and the above KRW 50,000,000 appears to be the deposit money to cancel the provisional attachment execution against the non-party company.

50,000,000 won was remitted to the bank account in the name of the bank account, and 50,000,000 won was remitted to Nonparty H on the same day.

(hereinafter referred to as “the instant money”) totaling KRW 684,400,000,000,000.

On December 3, 2009, the Plaintiff borrowed 730 million won from the Defendant and F, ① from the Defendant and F, the Plaintiff refers to the Plaintiff of F. The due date of repayment is until December 31, 2013, and the interest paid is paid by 25% per annum. The Plaintiff’s certificate of loan (a evidence No. 1; hereinafter “the instant certificate of loan”) with the seal affixed by the Defendant and F, stating that “The debtor, the debtor, and the guarantor,” and ② “the contractor is the Plaintiff. The amount is KRW 684 million as of April 3, 2009. In investing in D Co., Ltd., and in return, D Co., Ltd. will transfer 40% of the shares to D Co., Ltd. by June 30, 2009.”

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