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(영문) 서울고등법원 2015.01.28 2014나6215

대여금 등

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

A. The parties’ related E (hereinafter “E”) is a company established for the purpose of household distribution and manufacturing, etc.; the co-defendant B (hereinafter “B”) of the first instance court is a person who actually runs E; the F is a representative director E as a type B; the Defendant is a representative director of H (the trade name was changed from “stock company I” on June 24, 2010).

B. Around November 6, 2009, the Plaintiff’s loan 1) B, through J, stated to the Plaintiff that “E is a company selling a producer’s interest through home shopping, etc., and there is no problem for the Plaintiff to receive payment even if it lends money because it is sufficient to make profit and high prospect. 200 million won per month, and 50 million won per month, shall be paid.” (2) The Plaintiff extended KRW 70 million to E at a intervals of lending KRW 70 million to E, and KRW 500 million from the above amount was delivered to the Defendant and the J on November 9, 2009.

3) B prepared and delivered to the Plaintiff a letter of undertaking as follows on November 2009 in the name of E, and around November, 2009. 1. Total amount invested is KRW 800 million, and this amount is to be used as a fund for the production and sale of the entire producer white-in capital. 2. An investment amount of KRW 800 million shall be paid as a profit determined on the six (6) day of each month (in the case of a holiday, the preceding day) after investing in November 6, 2009. 3. Proceeds shall be paid 8% per month for an investment amount of KRW 300 million and 50 million per month for KRW 300 million; hereinafter the same shall apply) under the name of the Plaintiff E, E, F, and B as follows:

A (Plaintiffs), B (E), C (F), and C (B) enter into an agreement that:

1. A shall lend KRW 800,00 to B, C, and C in order to use it as funds for the production and sale of a producer. This funds shall be those funds.