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(영문) 광주지방법원순천지원 2015.12.03 2015가단73184

대여금

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiff's assertion that the plaintiff A transferred 50 million won to each network D on March 13, 2008, while the plaintiff B transferred 50 million won to each network D on March 14, 2008. Thus, the defendant who succeeded the above loan debt as the wife of the network D is obligated to return each of the above loans to the plaintiffs.

2. According to the statements in Gap evidence Nos. 1 and 2, it is recognized that the plaintiffs transferred each of 50 million won to the deceased D, as alleged by the above plaintiff.

However, the following circumstances are revealed in Gap evidence Nos. 1 and 3, and Eul evidence Nos. 1, and the purport of the entire pleadings. (1) The net D invests 300 million won in the real estate investment development project jointly conducted by the future consulting corporation and E, and transfers 300 million won to the plaintiffs. The plaintiffs knew that the funds of the plaintiffs are invested in any project, and in particular, the plaintiffs B knew that they trusted the deceased's personal information or financial resources, not trusted the deceased's personal information or financial resources, but remitted money to the deceased with trust of the prospects of the above investment project. (2) The plaintiffs did not receive interest after the loan of KRW 50 million each of the plaintiffs did not have any specific payment period or interest agreement. Rather, since the investment profits were generated in the future and the investment profits were recovered, it is reasonable to conclude that the plaintiffs were paid the principal of the investment agreement to the plaintiffs without reasonable investment agreement between the plaintiffs and the defendant. < Amended by Act No. 20060, Mar. 24, 2002>