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(영문) 서울동부지방법원 2014.08.12 2014가합3755
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. “D” which runs a wholesale and retail business of golf products located in Jung-gu Seoul, Jung-gu, Seoul and 403 is a business registration place in the name of the defendant on October 1, 2010, and the non-party E, who is the defendant, carried on a substantial business while making a transaction using the Defendant’s account under the name of the defendant with the permission of the defendant.

E purchased and sold golf products by borrowing money from another person, and operated D by means of paying to the lender an amount equivalent to a certain ratio of the borrowed money (ordinary 3 to 4%) under the pretext of sales profit with the borrowed money. From the beginning of 2012, the Plaintiff became aware of E through the introduction of Nonparty F, thereby lending the purchase price of golf products and receiving the principal and sales profit on several occasions.

B. On December 24, 2012, the Plaintiff paid a loan of KRW 170 million to the Defendant’s account. Of these, KRW 40 million to KRW 70 million on January 25, 2013; KRW 70 million on February 25, 2013; KRW 60 million to be paid along with sales profits on March 25, 2013; KRW 30 million on January 24, 2013; KRW 365 million on January 29, 2013; KRW 205 million on January 25, 2013; KRW 200,000 on January 24, 2013; KRW 365 million on January 29, 2013; KRW 250,000 on January 25, 2013; and KRW 205,000 on KRW 250,000 (excluding KRW 300,50,000 on January 25, 2013

C. On February 2, 2013, the Plaintiff lent 10% of the principal amount to the Defendant’s account through F on February 26, 2013 (hereinafter “loan 2”), and deposited KRW 100 million on March 26, 2013; and KRW 20 million on April 26, 2013; and KRW 100 million on April 26, 2013.

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