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(영문) 서울남부지방법원 2014.07.23 2014가단200316
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. On July 31, 2012, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff and the Defendant to jointly operate the said company by acquiring 70% (each 35% share holding) of the share in the book-keeping, OnnuriF, which is a Co., Ltd., and agreed on December 31, 2013 that the Plaintiff and the Defendant shall invest KRW 50 million each, but the Defendant’s investment amounting to KRW 50 million, the Plaintiff and the Defendant agreed on December 31, 2013.

Accordingly, until September 4, 2012, the Plaintiff gave the Defendant KRW 50 million as a loan.

B. After that, the Plaintiff and the Defendant operated the C Company’s business registration under the name of the Defendant. Around September 2012, the Plaintiff and the C Company acquired 30% of the shares of the C Company and owned 50% shares, respectively.

C. Around January 2013, the Plaintiff entered into a partnership agreement with D and E, under the premise that the Defendant withdraws from the partnership business, with the content that three persons invest each of KRW 20 million in an amount of KRW 60,000,000,000 to jointly operate the C company, and that they would immediately withdraw from the partnership, and that they would make an investment of KRW 30,000,000 with D again on January 2013 to hold 50% of their shares. Accordingly, D changed the business registration of the C company in the name of F, the wife, and thereafter operated the said book around that time, and the Defendant became dead in the operation of the C company.

[Ground of recognition] without any dispute, Gap evidence 2, Eul evidence 3 (including paper numbers; hereinafter the same shall apply), Eul evidence 4 and 5, Eul evidence 11, witness D's testimony, whole purport of pleading

2. Determination as to the cause of claim

A. According to the above recognition of the loan claim of KRW 50 million, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount borrowed under the name of C company’s investment deposit with KRW 50 million and delay damages.

B. On October 10, 2012, the Plaintiff asserted that a loan of KRW 10 million was additionally lent to the Defendant on October 10, 2012, and that this is accordingly.

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