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(영문) 서울동부지방법원 2014.01.13 2012가단55199
대여금등
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 is a company established for the purpose of manufacturing, maintaining, and repairing computer hardware and software, and the Defendant is a person who has engaged in printing and publishing business in the trade name of “C,” and the Plaintiff’s representative director D and the Defendant have been aware of for a long time.

B. The Plaintiff remitted total of KRW 92,49,000 to the account (number: E or F) in the name of the Defendant as follows.

(1) On November 17, 2010, KRW 1,150,00; ② on December 3, 2010, KRW 1,00,000; ③ on December 17, 2010, ④ on December 25, 2010, KRW 200,00; ⑤ on January 4, 201, KRW 00, KRW 00,000; and on January 13, 200, KRW 00, KRW 100, KRW 100, KRW 100, KRW 100, KRW 10,000; and KRW 3.0, KRW 10,000, KRW 10, KRW 10,000; and KRW 5.3,00, KRW 3,000, KRW 10,000, KRW 27,000, KRW 10,001; and

C. Meanwhile, the Defendant remitted the sum of KRW 37,600,000 to the account (number: G or H) in the name of the Plaintiff as follows.

(1) KRW 4,50,00 on May 11, 201, ② KRW 9,00,00 on May 27, 2011, ③ KRW 27,00,000 on May 27, 2011, ④ KRW 3,000,000 on June 30, 201, ⑤ KRW 200,000 on July 7, 201, and KRW 63,00,00 on KRW 7,00 on July 8, 201, KRW 7,00,00 on KRW 7,00, 7,00 on KRW 8,00 on KRW 1,10,00 on July 14, 201, KRW 00,00 on KRW 8,00 on condition that there was no ground for the submission of financial transaction information on KRW 30,000 on July 27, 201, KRW 10,3015.

2. The parties' assertion

A. The Plaintiff’s assertion (1) around October 2010, D, the representative director of the Plaintiff, concluded a partnership agreement with the Defendant with the following contents.

In other words, smart channels Co., Ltd have exclusive business rights (10 years) with respect to all electric trains of subway 5, 6, 7, and 8 and advertisements within 148 history.

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