대여금청구
1. The plaintiff's main claim is dismissed.
2. The Defendant is from October 11, 2018 to KRW 75,00,000 to the Plaintiff.
1. Facts of recognition;
A. On August 10, 2018, the Plaintiff invested KRW 40 million in C Co., Ltd. (hereinafter “instant company”). On the same day, the Plaintiff prepared and issued a cash storage certificate (hereinafter “one cash storage certificate”) with the following details to the Plaintiff.
Japan: 40,000,000 won in cash.
Obligor from August 10, 2018 to September 21, 2018: Defendant Creditor: Plaintiff
B. On August 24, 2018, the Plaintiff invested KRW 30 million in the instant company. On the same day, the Defendant prepared and rendered a cash custody certificate (hereinafter “second cash custody certificate”) with the following contents to the Plaintiff.
Japan: 30,000,000 won shall be kept.
Until October 5, 2018: The debtor's creditor: the plaintiff
C. On September 7, 2018, the Plaintiff invested KRW 20 million in the instant company (i.e., re-investment of KRW 15 million without receiving dividends that the Plaintiff has to receive from the instant company). On the same day, the Defendant prepared and issued a loan certificate (cash storage certificate; hereinafter “third cash storage certificate”) with the following content to the Plaintiff:
The debtor on September 7, 2018: The debtor on September 7, 2018: Plaintiff 5 million won: The debtor on November 15, 2018.
1) On August 24, 2018, the instant company paid to the Plaintiff KRW 5 million as dividends on investment, and KRW 12.5 million on August 31, 2018, respectively. 2) In order to re-investment the dividend that the Plaintiff received as above in the instant company, the Plaintiff remitted the amount of KRW 10 million to the Defendant on August 31, 2018, and on the same day, the Defendant wired the amount of KRW 10 million to the instant company.
In addition, on September 7, 2018, the Plaintiff remitted 7.5 million won to the instant company, respectively.
E. The instant company completely suspended the return of the investment amount from September 7, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (if there are serial numbers, including each serial number; hereinafter the same shall apply), Eul 1 to 7.