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(영문) 서울고등법원 2019.10.17 2017나2071001
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of manufacturing and selling Korean food on October 6, 2008, and Korean franchise business.

C is the representative director of the defendant, and the plaintiff is a major shareholder of the defendant and a person who was appointed as the defendant's internal director on June 1, 201.

B. From 2010 to 2010, the Plaintiff continuously remitted the money to the Defendant’s account. The Plaintiff’s money paid to the president of the Defendant’s account has been appropriated as a loan in the short term loan account.

The total balance of the money appropriated for short-term loans as of December 31, 2014 reaches KRW 1,537,260,285 (the amount accounting of the money borrowed from the plaintiff during the period from January 1, 2010 to December 31, 2014 shall be KRW 1,540,127,150 in total, and the amount accounting for the money borrowed from the plaintiff as of December 31, 2014 shall be KRW 845,752,07 in total,07 in total). [Grounds for recognition] The fact that there is no dispute between the plaintiff and the plaintiff, the entries in the evidence Nos. 1, 2, 3, and 4 (including a serial number), and the purport of the whole pleadings.

2. The assertion and judgment

A. The summary of the parties' assertion 1) The plaintiff asserts that the amount paid by the plaintiff to the defendant, which is counted in a short-term loan, was lent to the defendant, and that some of which is the 600 million won, is claimed. 2) The defendant, the defendant, the defendant, the plaintiff, who is in the position of the actual co-establisher and the major shareholder, invested in the defendant, and counted in a short-term loan only formally for the convenience of tax accounting, such as reduction of capital gains tax, and therefore, the amount paid by the plaintiff

B. In full view of the following circumstances acknowledged by Gap evidence No. 2, Gap evidence No. 4-2, and the purport of the entire pleadings in addition to the basic facts as seen earlier, the amount that the plaintiff paid to the defendant is accounts for short-term loans.

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