대여금반환 청구의 소
The plaintiff's appeal, the additional claim and the conjunctive claim are all dismissed.
after the filing of an appeal.
1. Basic facts
A. On July 5, 2013, the Plaintiff entered into a service contract with C Housing Association Establishment Promotion Committee (hereinafter “Promotion Committee”) on behalf of partnership affairs.
The promotion committee shall pay to the Plaintiff KRW 32,750,000 as a proxy for the partnership affairs, but among which KRW 9,825,00,000 (30%) was paid within 15 days after the completion of the inaugural general meeting of the partnership.
B. On January 8, 2015, the Plaintiff, the Promotion Committee, and the Defendant (formerly: D) entered into a joint project agreement with respect to the construction of new apartment units of the Yeongdeungpo-gu District Housing Association (hereinafter “instant contract”). The main contents are as follows.
The defendant shall invest KRW 1,00,000,000 as early as the initial fund for the new construction of a model house.
A cooperative business agency expenses (20 million won per household) and profits from commercial buildings belonging to the plaintiff and other agreed profits shall be distributed in 50% by the original defendant.
(c)
On January 8, 2015, the Defendant paid KRW 1,000,000,000 to the Plaintiff as investment money pursuant to the instant contract, and additionally paid KRW 300,000,000 on June 26, 2015.
Money deposited on the deposit date (won) No. 1 November 30, 2015 50,000,000 on May 13, 2016, 2016; 30,000 on May 25, 2016; 50,000,000 on June 30, 2016; 20,000,000 on June 20, 200 on June 20, 2016; 10,000,000 on July 22, 2016; 2,840,000,000 on August 22, 2016;
D. The Defendant received money from the Plaintiff or the Promotion Committee from November 30, 2015 to August 22, 2016 as follows:
E. On July 29, 2016, a promotion committee held an inaugural general meeting.
F. On September 8, 2016, the Defendant paid KRW 100,000 to the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3, 4, and 5 (including each number), the purport of the whole pleadings
2. Determination on the request for return of loan
A. Party’s assertion 1) Each money Nos. 1 through 6 (hereinafter “the above table”) of Plaintiff’s above table 1 through 6 (hereinafter “the above table”) is leased to the Defendant by the Plaintiff.
Therefore, the defendant shall return this to the plaintiff.