(영문) 수원지방법원 2015.06.05 2014나19650

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.06.05 2014나19650

대여금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established on July 17, 2009 with the manufacturing and selling business of food treatment equipment as its business purpose. The Defendant is a person who manufactured and sold food treatment equipment in Busan area.

B. Around July 2009, E, etc. introduced C or his pro-friendly D, Defendant, and Defendant to C, etc., the Defendant developed food treatment equipment to produce new products and to operate food treatment equipment manufacturing and selling business by taking charge of financial support to C, etc., and drafted an agreement around that time.

C. On July 22, 2009 and August 1, 2009, the above D remitted each of KRW 20 million to the account under the name of the defendant, and around that time, the defendant drafted a loan certificate of KRW 40 million (Evidence A 1).

On the premise that the development of new products has been completed on November 2009, the Defendant delivered the food treatment equipment newly developed to the Plaintiff established pursuant to the above business agreement, but did not obtain the so-called "Kmark" or patent application for the said new product.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. On the premise that the Plaintiff directly borrowed 20 million won each from the Plaintiff on July 22, 2009 and July 31, 2009 on the condition that the Defendant transferred the food treatment equipment manufacturing business to the Plaintiff (However, the date of remittance is August 1, 2009), the Plaintiff sought payment of the total amount of loans to the Defendant and delayed payment damages. However, in light of the fact that the Plaintiff selectively added the claim for the transfer money under the premise that D, not the Plaintiff, lent the above money to the Defendant, and the following circumstances recognized, it is difficult to find that the Plaintiff lent 40 million won directly to the Defendant, and there is no evidence to acknowledge otherwise, the Plaintiff’s claim for the said loan is without merit.

3. The judgment on the claim for the agreed amount also is made by the Plaintiff.

유사 판례

-수원지방법원 안양지원 2017.12.15 2017고단1335

-창원지방법원 2017.11.22 2017나2360

-울산지방법원 2016.11.08 2016가단4982

-전주지방법원 2017.11.17 2017고단1179

-인천지방법원 2018.05.18 2017고단9564