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(영문) 의정부지방법원 2015.02.05 2014나52071

대여금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff alleged that the Defendant, on May 2013, planned to employ the Plaintiff as an employee of G Co., Ltd. established by the Defendant while promoting the business related to Internet shopping. The Plaintiff asserted that, upon the Defendant’s request, the Plaintiff loaned KRW 21 million to the Defendant a total of KRW 20 million necessary for the certificate of balance for the establishment of Ilyang-gu Seoul Metropolitan Government C604 (hereinafter “instant office”) and G Co., Ltd. (hereinafter “instant company”).

B. The defendant asserts that the above twenty-one million won is not loans which the plaintiff invested because the plaintiff and the defendant decided to operate a business related to the return of children.

2. Determination as to the cause of action

A. The following facts are acknowledged in full view of Gap evidence Nos. 1, 2, 6 through 11, 13 (including branch numbers), Eul evidence Nos. 1, 2, 3, and 8, Eul evidence Nos. 1, 2, 3, and 8, the testimony of witnesses E at the trial, the fact inquiry results with respect to the Goyang-gu Office of the Central Employment and Labor Agency during the trial of the party, and the purport of the whole arguments

1) On May 18, 2013, the Plaintiff: (a) concluded a lease agreement with D, a lessor of the instant office, with the Plaintiff as the lessee; (b) wired KRW 1 million to the deposit account in the name of D; (c) on May 27, 2013, the Plaintiff transferred the lease deposit amount of KRW 10 million to the deposit account in the name of D while changing the lessee of the instant office to the Defendant; and (d) returned the down payment of KRW 1 million paid by the Plaintiff to D and deposited it into the deposit account in the name of the Defendant. (b) On May 28, 2013, the Plaintiff transferred KRW 20 million to the deposit account in the name of the Defendant under the name of the Defendant; and (b) on May 29, 2013, the balance of the Defendant’s deposit account was KRW 30 million from the financial institution; and (c) on May 29, 2013, the following day by using a certificate of balance received by the Defendant from the financial institution.