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(영문) 창원지방법원 2020.10.22 2019나65020
대여금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport.

Reasons

1. Facts recognized;

A. The plaintiff is a person who was in a de facto marital relationship with D, and the defendant is a spouse of D who is a person of D.

B. Around February 2014, D proposed that the Defendant be engaged in the business of manufacturing private goods with the trade name “E,” and the Defendant, accordingly, decided to operate a partnership with the said company in the form of investing and sharing profits with the amount of money exceeding KRW 35 million, and completed the business registration for “E in its own name.”

The Defendant managed the business funds of the “E” through the business account of the “E” under the name of the Defendant, and the Defendant’s spouse C also worked at the said “E” workplace, and was in charge of accounting and account management, etc.

C. From January 2018, a dispute arose between D and the Defendant couple regarding the settlement of profits and losses of “E”.

Since August 2018, D filed a criminal complaint with respect to the embezzlement of “E” partner money against Defendant and C.

over the period from October 4, 2016 to March 31, 2017, the remittance of KRW 47,230,000 was made from the account in the name of D to the “E” account in the name of the Defendant as listed in the following table:

(1) The term "amount of transfer" means the amount of 10.10.10.10.10.04 1,000 20.05 310.05 3,000 3.06.1,00 1,00,00 5.0 0.1,00 1,00 0.0 1,07 0.07 0.18,00 1,000 1,320,00 6.0 1,07 0.10,00 1,007 10,000,000 1,007 20. 10,00,000 7. 20,000 1,000 1,000,00 1,000 2,000 1,003

E. From September 28, 2016 to December 25, 2017, KRW 22,230,000 was remitted from the business account under the Defendant’s name or from the Defendant’s name account to D’s name.

Items 1,700,000 D account indications on 1, 2016.28.28.28, 201.

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