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(영문) 대전지방법원 천안지원 2018.05.11 2017가합950
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. Summary of the party’s assertion 1) The Plaintiff’s assertion is as follows: C (hereinafter “C”).

D) The actual representative of D) agreed to lend KRW 350,00,000 to D under the name of the Defendant’s establishment cost and hospital opening facilities, and as a result, D agreed to pay every 25% of the sales amount of drugs generated at the hospital until June 4, 2017. Accordingly, the Plaintiff transferred KRW 350,000,000 to the account designated by D throughout 13 times in total in accordance with the above agreement. Since D established the above money on December 31, 2015, and opened the E Hospital (F convalescent hospital after the change). Accordingly, D is the actual owner and operator of the Defendant. Accordingly, the Defendant is obligated to pay the Plaintiff the above loan KRW 350,000,00,000, and damages for delay to D’s sales to D’s investment account.

B. According to the overall purport of evidence Nos. 1, 2, 4, and 6, the Plaintiff and D drafted a cash custody certificate of KRW 250,00,00 in the name of June 5, 2015, and the content thereof is that D keeps and redeems the said amount in cash shall be 25% of the sales amount of pharmaceutical products (the principal profit portion) and the contract period shall be June 4, 2017. The C’s representative is as G with D’s wife, but D is the real manager of C, for the purpose of establishing the Defendant and the hospital, and D received KRW 350,000 from the Plaintiff on April 1, 2015 to November 25, 2015 to the account under the name of C director or his family member, and it is recognized that D received from the investigative agency for the purpose of collecting profits and stated that D was to have been repaid to the Plaintiff as the opening of the hospital.

If so, 350,000, the plaintiff remitted to the accounts designated by D.

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