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(영문) 광주지방법원 2015.01.23 2013가합9347
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

From December 19, 201 to June 13, 2012, the Plaintiff paid a total of KRW 207,00,000 to the Defendant on seven occasions.

B. In February 2012, the Defendant established a limited liability company C (hereinafter “C”) aimed at processing and recycling of waste cables, etc., and the Plaintiff was appointed as a director of the said company.

C. However, C has not operated the project properly and has been virtually closed on or after the end of December 2012 due to the shortage of operating funds.

2. The plaintiff's assertion and judgment

A. The plaintiff asserted 1) around December 201, 201, when the defendant purchased the waste cable at KRW 4,000 per Kg and extracted the Gu interest, the defendant can sell the waste cable at KRW 8,000 per kg. In addition, when investing in the incorporation of the company, 207,000,000 as stated in the above Paragraph 1, the defendant is obligated to pay to the plaintiff 207,00,000 won, the principal amount of the investment, and delay damages for this amount. 2) The defendant is not sufficient to acknowledge the fact that the defendant agreed to return the principal amount of the investment, and there is no other evidence to support this part of the plaintiff's assertion.

B. Preliminary assertion 1) The Defendant, as if he were to use it in the processing and recycling industry such as waste cables, has the obligation to pay the Plaintiff the amount of KRW 207,00,000 as compensation for damages, and damages for delay thereof, since the Defendant, as if he were to use it, through deceiving the Plaintiff as if he were to use it, acquired the said amount of KRW 207,00,000, or embezzled by using it for any private purpose other than the above purpose.

It is insufficient to recognize that it was or embezzled, and there is no other evidence to recognize it.

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