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(영문) 부산지방법원 2015.01.15 2013가단107184
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On August 10, 2012, the Plaintiff, the cause of the Plaintiff’s claim, transferred the amount of KRW 30 million to the Defendant’s account through C.

Therefore, the defendant is obligated to pay the above amount of money and damages for delay to the plaintiff.

Although the defendant alleged that he received the above money from the plaintiff, the plaintiff and D, which had not been registered by the defendant, were transferred to the defendant's business expenses and the defendant's business closure funds on condition that they succeed to some of the defendant's business employees while establishing a new company, and they merely borrowed the money.

Therefore, the plaintiff's claim is without merit.

The main business is to purchase real estate after completing the registration of incorporation on April 12, 2012 and sell it in lots.

In fact, the defendant is an individual company E, but the representative director of the defendant at the time of its incorporation was E, and the plaintiff and D were non-registered officers of the defendant.

On August 2012, the defendant was unable to pay the operating expenses to the employees because of the lack of business such as the first-come-served sale, etc., and a considerable number of business employees were retired.

On August 10, 2012, upon request from C, which is the branch of Samsung Bio-resources, C received a loan of KRW 20 million from Samsung Bio-resources to deposit KRW 19.8 million in the Plaintiff’s national bank account (G). The Plaintiff himself received a loan of KRW 8.9 million from the interesting country life, and the Plaintiff returned KRW 30 million in total to C’s community credit cooperative account (Account Number H) again, and C transferred KRW 30 million transferred from the Plaintiff to the Defendant’s national bank account (I).

On August 10, 2012, a significant portion of the above money deposited into the Defendant’s national bank account was transferred to the Defendant’s business employees such as J on August 10, 2012.

At the time of the Plaintiff’s transfer of the above money, the Defendant actually closed down, and thereafter E on October 2, 2012.

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