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(영문) 부산지방법원 2016.02.16 2015가단63684

투자금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff was a partner of C who died on May 3, 2013 (hereinafter “the deceased”). The Plaintiff and the Deceased agreed to operate a sea sand gathering and transport business around 2003 and invested KRW 42,00,000 in D (hereinafter “D”) which is a ship-owner company, and KRW 118,000,000 in the deceased.

B. After the completion of the work, the Deceased did not settle the Plaintiff’s investment and profit, even though it received KRW 300,000,000 in total from D as investment and profit.

C. Accordingly, the Plaintiff seeks payment of KRW 42,00,000 from the Plaintiff’s investment to the Defendant, the inheritor of the Deceased.

(Refund of Investment Money). (d)

If the above 42,00,000 won is not an investment in the Plaintiff’s deceased, the said money is KRW 27,000,000 from E on April 10, 203, KRW 10,000 from F on July 31, 2003, and KRW 200 from F on July 31, 200, respectively.

3. The deceased’s heir, who borrowed KRW 10,00,000 from G on August 22, 20, paid to the deceased. As such, the Defendant, the deceased’s heir, is obligated to pay KRW 42,00,000, which is the current unpaid amount, to the Plaintiff.

(Claim for Loan) 2. Determination

A. There is insufficient evidence to acknowledge that the Plaintiff made an agreement with the Deceased on the return of the invested money and invested KRW 42,00,000 to the Deceased.

Rather, comprehensively taking account of the respective descriptions and arguments in Nos. 2 and 3, the parties to the same business are deceased and D, and only the plaintiff can recognize the facts that he/she participated in the same business as the deceased's deceased's deceased's deceased or his/her representative.

Therefore, this part of the Plaintiff’s assertion that KRW 42,00,000 is the money invested in the work with the deceased is without merit.

B. Although the purport of the Plaintiff’s assertion on the part of the claim for loan is unclear, the Plaintiff’s assertion that the Plaintiff borrowed money from E, F, and G (hereinafter “E”) and lent money to the Deceased.

Domins, Gap evidence 19-1, 2, 3, Gap evidence 20-1, 2, and 1.2.