양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion and its judgment
A. The gist of the Plaintiff’s assertion was that the Plaintiff acquired KRW 83 million, out of the loan of KRW 100,000,000,000 from C to the Defendant and the refund of the investment amount.
Therefore, the defendant is obligated to pay to the plaintiff the above 83 million won and delay damages.
B. It is insufficient to recognize that the Defendant bears the obligation to return the loan or the investment amount of KRW 100 million on the sole basis of the statements in the evidence Nos. 1 through 6, and there is no other evidence to acknowledge it.
A contract between C and the Defendant submitted by the Plaintiff is a joint investment contract under which C wishes to distribute profits by purchasing and disposing of pine trees after having invested KRW 100 million in the Defendant. It cannot be said that a loan of KRW 100,000,000 received according thereto.
In addition, the Defendant is obliged to return the principal invested under the above contract to C itself.
The evidence submitted by the Plaintiff alone is insufficient to recognize that there was a profit that should have been distributed to pine trees sales.
Therefore, the plaintiff's claim cannot be accepted on a different premise.
2. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.