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(영문) 서울중앙지방법원 2014.10.20 2013가단247022

대여금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant proposed investment by issuing a business investment proposal to the plaintiff as a partner C's partner, and the contents are as follows.

The summary name of the applicant company: D’s name: D’s name: D’s name: D’s (E, F’s special item: E is Germany’s name; E’s total revenue amount is 50% (30,000,000 won): Defendant’s equity ratio, 50% (30,000,000 won) equity ratio, 50% (30,000 won) equity ratio, 883,200,000 won (Hus 720,000,000 won for purchase of goods; 163,20,000,000 won for swine, and 20,000,000,000,000 won for own funds: 4,000,000,300,000 investment funds, 30,0000,000 won for repayment from 163,000,0000 won for 16,050,005.

B. The Plaintiff’s account as the Defendant’s account amounting to KRW 30 million on May 25, 2009, and the same year

8. Transfer of KRW 100 million to KRW 24.3 million, KRW 20 million on November 19, 201 of the same year, and KRW 100 million on January 6, 2010 [based on recognition], without dispute, each entry in Gap 1 through 3 (including each number), and the purport of the whole pleadings;

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 100 million to the Defendant, thus seeking the return of the loan, and the Plaintiff invested in the Defendant’s business.

Even if the defendant agreed to guarantee the principal, and the return of the principal is sought because it exceeded the quarterly income point, and the defendant asserts that there is liability for damages caused by tort as there is gross negligence that the plaintiff did not exercise his duty of due care to prevent losses.

B. The defendant's assertion that the plaintiff invested KRW 100 million in the business of selling written (E, F) that the defendant started with C in the partnership with C (hereinafter "the business of this case"), and the defendant received from the plaintiff.