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(영문) 서울서부지방법원 2020.02.14 2019가단242826
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 12, 2017, the Plaintiff transferred KRW 60 million to the Defendant’s account.

B. Around that time, A Co., Ltd. was established under the lead of the husband of the Plaintiff and D (the husband of the Defendant), and the above 60 million won was paid as the Defendant’s share capital and used as the fund for the establishment of the said company.

[Ground of recognition] No dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that the above 60 million won was lent to the defendant and sought reimbursement therefor.

B. It is not sufficient to acknowledge that the above 60 million won was leased to the defendant by only the descriptions of evidence Nos. 5 through 12, and there is no other evidence to acknowledge it.

The plaintiff's specific assertion about how the rental contract was made is not known.

Rather, comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 through 6, F is an investor of the above E, and C is entitled to 30% of the shares of the above corporation in return for providing technology, and as if shares were paid in comparison with the investigation of the source of funds, F’s investment amount was transferred to the Defendant’s account in order to create a appearance as if shares were paid in proportion to the ratio of shares in preparation for the investigation of the source of funds, and it can only be recognized that F’s investment amount was re-transfered to the Defendant’s account, which

Ultimately, the plaintiff's claim cannot be accepted.

3. The plaintiff's claim is dismissed.

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