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(영문) 대전지방법원천안지원 2020.08.14 2020가합100799

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, as indicated in the List, remitted total of KRW 227,90,000 to the Defendant on 17 occasions from February 20, 2018 to October 21, 2019, as shown in the List.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff asserted that he was running a business in around 2017, and was able to repay the creditors a debt of KRW 80,000,000 with debt incurred to the obligees, and that he was able to repay the debt, the Plaintiff loaned KRW 227,900,000 to the Defendant with a total sum of KRW 227,90,000 to the Defendant, after having heard that he was able to lend money as soon as there is a lot of profit from the investment of shares to B. It is possible to repay the interest and principal without any molding money.

However, in the early stage, the defendant did not pay the plaintiff interest or profit, and did not return the principal to the plaintiff.

As above, the defendant promised to deliver the interest to the plaintiff, and accordingly, the plaintiff loaned the above interest to the defendant. Thus, the defendant is obligated to pay the plaintiff KRW 195,90,000 after deducting the amount of KRW 32,00,000 agreed to repay the principal from the above KRW 227,90,000.

B. The Defendant’s assertion that the business had to pay a huge amount of debt around February 2018, the Plaintiff had to pay the Defendant with the money, and the Defendant had to pay the money invested in shares, etc. with the money invested. The Defendant sufficiently explained to the Plaintiff that an investment in shares, etc. may cause losses to the principal and invested in shares, etc. with the money received from the Plaintiff. The Defendant did not have a duty to return the said money to the Plaintiff, insofar as the Plaintiff explained that the money paid to the Defendant is an investment amount not a loan, but an investment amount that may cause losses to the Plaintiff.

3. According to each of the statements in Gap evidence Nos. 2 and 3, we examine the judgment.