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(영문) 창원지방법원 2018.09.21 2017나57315
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a director of C Co., Ltd. (hereinafter “C”) who is engaged in the manufacture and sale of construction equipment.

B. Meanwhile, D Co., Ltd. (hereinafter “D”) was a company engaged in surface treatment business, etc., and its representative E is a representative of C. C and D’s employees are using the same office, and the overall parts of the entire production process were C and the latter parts were produced in a way in charge of C and D.

The plaintiff performed the management work of C and D as the same.

C. The Defendant transported the products produced in D using the cargo vehicle with the trade name “F” as above, and the freight charges not paid by D until September 2015 were approximately KRW 78,00,000.

On October 12, 2015, the Plaintiff remitted to the Defendant KRW 30,000,000 (hereinafter “instant money”).

[Based on recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 4-1, 2, and 4-1, part of witness E of the trial, fact-finding results on G tax accounting offices, the purport of the whole pleadings

2. Determination on the main claim (loan)

A. The plaintiff asserts that the plaintiff lent the money of this case to the defendant under the condition that he will repay it after one month of the money of this case, upon the defendant's request that the money of this case needs money due to power, and the defendant asserts that the plaintiff, who was urged to pay transportation fees from the defendant, paid transportation fees on his behalf.

B. In a case where a person transfers money to another person’s deposit account, etc., the remittance may be made based on various legal causes, such as loan for consumption, donation, repayment, etc. Therefore, it cannot be readily concluded that there was an agreement among the parties to a loan for consumption solely on the fact that such remittance was made (see Supreme Court Decision 2012Da30861, Jul. 26, 2012), and the Plaintiff’s assertion on the Plaintiff’s loan.

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