대여금반환등
1. Of the judgment of the court of first instance, KRW 14,00,000 against the Plaintiff among the judgment of the court of first instance, and its related thereto, from October 10, 2012 to September 4, 2014.
1. Basic facts
A. The Plaintiff, who was managed by Defendant B, decided to run the business of adult amusement rooms in the building located in the Busan Geum-gu, Busan. The Plaintiff was to bear the expenses for interior works necessary for the business of adult amusement rooms. By January 2006, the instant interior works were suspended as they were not completed.
B. Accordingly, on February 2, 2006, the Plaintiff and Defendant B discussed the issue of met or construction work. If the Plaintiff paid KRW 50 million to Defendant B as additional construction work, Defendant B promised to conclude the instant construction work, and Defendant C guaranteed the implementation of the said construction work.
C. On February 3, 2006, the Plaintiff paid KRW 10 million to Defendant B in cash. On February 3, 2006, the Plaintiff transferred KRW 10 million to Defendant B’s account, and on February 3 and 4, 2006, transferred KRW 30 million in total to Defendant C’s account.
Since then, the construction of adult amusement rooms for the above building was completed, but the above adult amusement rooms were regulated, and the plaintiff failed to operate the above adult amusement rooms.
E. On the other hand, around July 2009, the Plaintiff and Defendant B drafted a written agreement with the effect that “the Plaintiff had a claim for a loan of KRW 30 million against Defendant B, but the remainder after receiving KRW 22 million among them, shall be exempted, and Defendant B shall pay the Plaintiff KRW 10 million up to November 10, 2009, and the remainder KRW 12 million shall be repaid up to six times each month from November 30, 2009 to December 30.”
(hereinafter referred to as “instant agreement”). [The grounds for recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1-2, and Eul evidence 1-3, the fact-finding results in the first instance court’s inquiry into agricultural and fishery cooperatives, the purport of the whole pleadings.
2. Determination
A. According to the above facts of recognition as to the claim against Defendant B, unless there exist special circumstances, Defendant B is worth 22 million won according to the agreement of this case to the Plaintiff.