투자금반환
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. On July 20, 2012, the Plaintiff loaned the said money to the Defendant’s corporate account by means of remitting KRW 100 million to the Defendant’s corporate account. (ii) On April 2012, the Plaintiff, C, and D entered into a partnership agreement with the Plaintiff, C, and D, respectively, and D invested KRW 100 million in each of them, and D agreed to have D sales profits by taking charge of the Defendant’s management, namely, the Defendant’s business, E, a Chinese restaurant (hereinafter “instant restaurant”); and 25% in each of them.
In accordance with such agreement, the Plaintiff remitted KRW 100 million to the Defendant on July 20, 2012, and the Defendant is not a partnership with the Plaintiff, but does not borrow money from the Plaintiff.
Ultimately, even though the Plaintiff did not have any reason to pay KRW 100 million to the Defendant, the Defendant gains profits without any legal ground, and thus, the Plaintiff should return the KRW 100 million transferred to the Plaintiff as unjust enrichment.
B. The defendant's assertion does not contain any fact that the defendant entered into a partnership agreement with the plaintiff and D.
However, the amount that the Plaintiff leased to D the instant restaurant was transferred to D is a part of the lease deposit to be paid by D.
2. According to the statement in Gap evidence No. 1, the fact that the plaintiff transferred KRW 100 million to the defendant's agricultural bank account on July 20, 2012 is recognized.
However, according to the overall purport of the statements and arguments stated in Gap evidence Nos. 8, 9, Eul evidence Nos. 1, 2, 5, and 6, the defendant specified and leased the restaurant of this case including the house to D on April 30, 2012 as KRW 150 million and monthly rent of KRW 11,00,000,000,000,000,000 for the lease deposit. The defendant deposited KRW 75,00,000 out of the lease deposit after the conclusion of the lease contract in the account book and deposited KRW 10,000 as the lease deposit on July 20, 2012 and returned KRW 25,000,000 as the difference on July 22, 201, the defendant and D on December 12, 2012.