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(영문) 부산지방법원 2019.10.15 2017가단329517
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 Defendant is a juristic person established on November 17, 201 for the purpose of popular restaurant business and the business of selling drinking water.

On November 16, 2011, which was held in relation to the establishment of the defendant, at the general meeting of promoters, a report of investigation was prepared to the effect that “C and D” are paid for the acquired stocks by designating “C and D” as promoters. C, registered as the representative director at the time, is the husband of F, who is a person in charge of each type of E, and G, currently registered as the representative director, is the partner of H, who is the mother of D.

B. Upon the request of E, the Plaintiff remitted the total of KRW 223 million to E’s account, including remitting KRW 30 million to E’s account on August 10, 2015, KRW 80 million on December 24, 2015, KRW 68 million on January 11, 2016, KRW 50 million on E’s leakage and I, and KRW 223 million on October 26, 2015 to E’s auditor F.

C. After that, on June 1, 2016, the Plaintiff demanded E to prepare a loan certificate, and E prepared and delivered the following loan certificate (hereinafter “the loan certificate of this case”) attached to the Defendant’s J stores (hereinafter “Defendant Branch”).

The borrowed amount: 200 million won E borrowed from the Plaintiff on January 31, 2016.

The interest shall be paid at 21% per annum in KRW 3.5 million per month on the 10th day of each month, and the principal shall be paid by September 31, 2016.

In order to transfer to the Plaintiff the J and I points confirmed by the debtor (E) as the actual owner, if the payment is not made by the above day.

On June 1, 2016, debtor E, creditor, plaintiff, and additional documents: Written confirmation of the name lending of J points, certificate of termination of a contract (based on recognition), the fact that there is no dispute, Gap 1 through 4, Eul 11-1 through 6, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. Although the Plaintiff had borrowed a lot of money from the Defendant’s actual agent E to lend operating expenses, the Plaintiff did not receive a certificate of borrowing from the corporation’s name.

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