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(영문) 부산지방법원서부지원 2017.09.15 2017가단6120
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 Plaintiff, under the trade name of “D”, continued to engage in the sales business of shipbuilding machinery and equipment with C and the supply business of raw materials.

B. Upon receipt of the request from E, the actual operator of C, which is difficult to find out the circumstances of the company fund, the Plaintiff issued a tax invoice of KRW 20 million (value-added tax of KRW 20 million) to C, a stock company as of July 20, 2015, and C borrowed KRW 22 million from a company bank based on the above tax invoice. On July 28, 2015, C borrowed KRW 22 million from the company bank.

C. Upon the request of E, the Plaintiff transferred KRW 22 million to the Defendant’s account managed by E.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 3, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserts that the transfer of KRW 22 million deposited into the Plaintiff’s account to the Defendant account is due to the fact that the Defendant agreed to lend the above money to the Defendant. Thus, the Defendant is obligated to pay KRW 22 million to the Plaintiff.

B. However, the fact that the Plaintiff issued a tax invoice stating the purchase of goods from Company C upon the request of Company E and received a loan from Company C to the Plaintiff’s account and deposited the loan into the Defendant’s account managed by Company E after receiving the loan from Company C. In light of the above circumstances, it is insufficient to recognize that the Plaintiff transferred KRW 22 million to the Defendant’s account in the name of the Defendant solely based on the circumstance that the Plaintiff wired the money to the Defendant’s name, and there is no other evidence to support this, and the Plaintiff’s assertion is without merit.

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

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