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(영문) 서울남부지방법원 2018.01.16 2017가단210758
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The plaintiff is the representative director of C Co., Ltd. and the defendant is the business director of D Co., Ltd.

B. On July 20, 2012, the Plaintiff lent KRW 51,000,000 to the Defendant’s bank account under the name of the Defendant, KRW 15,000,000 to the bank account under the name of E company (F), KRW 27.10,000,000 for the same month to the bank account under the name of E company (F), and KRW 12,00,000,000 for the same month to the bank account under the name of E company in Ssi, and KRW 51,00,000 for the same month to the bank account under the name of the Defendant in the name of the Defendant, respectively.

C. The Defendant is obligated to pay to the Plaintiff the remainder of KRW 50,000,000 with the remainder of KRW 1,000,000,000, not paid by the Plaintiff to the Defendant at KRW 51,000,000, and damages for delay as stated in the purport of the claim.

2. Comprehensively taking account of the overall purport of pleadings as to Gap evidence Nos. 1, 3, and Eul evidence Nos. 1 and 2, the fact that the plaintiff is the representative director of Eul Co., Ltd. (hereinafter "Plaintiff Co., Ltd."), the defendant was the business director of Eul Co., Ltd. (hereinafter "Defendant Co., Ltd."), the defendant Co., Ltd. paid the G Co., Ltd. amounting to KRW 968,00,000 on July 16, 2012, the defendant Co., Ltd. sought payment of KRW 10,000 on the bank account under the name of the defendant, KRW 12,00,000 on July 20, 2012, KRW 00 on the account of the defendant, KRW 26,000 on the aggregate of KRW 4,000 on September 29, 200, KRW 700 on the account of the plaintiff Co., Ltd. (hereinafter "the defendant Co., Ltd."), each of the plaintiff Co.

The defendant received KRW 26,00,000 from the plaintiff.

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