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(영문) 부산지방법원 2018.11.30 2017나56797
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 23, 2015, from the Busan bank account in the Plaintiff’s name, KRW 10 million was remitted to the foreign exchange bank account in Defendant B’s name.

B. Defendant B left the Republic of Korea on September 21, 2015 and returned to the Republic of Korea on May 23, 2016.

C. In the corporate register of a limited liability company E, Defendant C is the representative director, the Plaintiff is recorded as a director, and the name “F” is registered as the Plaintiff’s name.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff lent KRW 10 million to the Defendants on October 23, 2015. As such, the Defendants are jointly and severally liable for the payment of KRW 10 million to the Plaintiff.

The plaintiff was employed by the defendant C and did not work as an employee, but did not work as an employee with the defendant C, and the above KRW 10 million is not an investment amount.

B. Defendants 1) Defendant B was residing in the 10,000 won of the deposit of KRW 10,000,000 in the East of Japan on October 23, 2015, and Defendant B’s Busan Bank passbook in the name of Defendant B had father, Defendant D. Defendant C was the representative director of Defendant C and D Company E, and the Plaintiff and Defendant C engaged in a partnership business with the trade name of the above company’s managing director interest, F, and F. The Plaintiff was a person who registered his business with the above company’s trade name, and the Plaintiff and Defendant C were in a partnership business. The Plaintiff’s transfer of KRW 10,00,000 to the passbook in the name of Defendant B was not a loan for the partnership business, and the said money was disbursed as the interior interior interior test expenses of the above limited liability company’s store, and the Plaintiff’s husband’s husband’s husband’s investment in the above business, calculated the investment amount of the Plaintiff and G’s investment, and received the above KRW 9,2000,00.

The plaintiff remitted 10 million won to the passbook of defendant B.

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