beta
(영문) 수원지방법원여주지원 2014.09.17 2013가단5741

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 17, 2011, the Plaintiff: (a) lent KRW 20 million to Defendant B, who operated a business of operating D and gas sales business, which was known to it; (b) on July 17, 2015, at the maturity of payment, at 30% per annum; and (c) on July 17, 2011, Defendant B drafted a notarial deed of a monetary loan for consumption with the purport that there is no objection even if it was immediately subject to compulsory execution.

B. On September 30, 201, Defendant B registered the wholesale and retail sales business of LPG, high-pressure gas, etc. with the trade name as “Egas” as “E gas” and registered that business as Defendant C with his own wife.

C. On October 4, 201, Defendant B recommended the Plaintiff who was interested in the usual gas sales business to invest KRW 16 million with the business fund, which was accepted by the Plaintiff and entered into a partnership agreement on the said Egas. The Plaintiff’s equity in the partnership agreement was converted into the Plaintiff’s loan as of July 17, 201, and the said investment amount was set at 35% in consideration of the investment amount of KRW 16 million.

C. The Plaintiff paid KRW 1,00,000,000 on May 18, 2012, KRW 3,000,000 on June 4, 2012, KRW 16,000 on July 16, 2012, and KRW 7,00,000 on July 19, 2012 by means of remitting to Defendant C account with the operating expenses or investment funds of Egas. On August 10, 2012, the Plaintiff paid KRW 3,659,70 on a credit card.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendants, around October 19, 201, agreed to dispose of Egas in the amount of KRW 95 million to F, and paid the total amount of KRW 18 million to other partners G, and that the Plaintiff shall return the principal of the investment amount of KRW 60,659,700 to the Plaintiff.

B. As seen earlier, the Plaintiff invested KRW 36 million in Egas on October 4, 201, and additionally paid KRW 24,659,700 from May 18, 201 to August 10, 201, as the business fund of Egas.