beta
(영문) 서울중앙지방법원 2020.02.11 2019가단5134642

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff

The main point of the argument is that the plaintiff lent KRW 5 million to the defendant on March 25, 2015, and thereafter, it was paid as C Affiliation, C, C, C, and marketing agreements, and D, and D, but the defendant agreed to return KRW 5 million to the plaintiff if he/she fails to perform his/her duties properly and changed the name into D-to-face business agreement's liability. Since the defendant failed to perform the final changed duties, the defendant is obliged to return five million won to the plaintiff.

However, there is no evidence to acknowledge the above assertion, and instead, if the purport of the entire argument is added to each statement in B/C, the plaintiff lent 5 million won to the defendant, but it was 2.5 million won among them, and it is only recognized that the remaining 2.5 million won was treated as performance rate for cooperation, etc.

Therefore, the plaintiff's claim of this case is dismissed, and it is so decided as per Disposition.