대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The deceased C (hereinafter “the deceased”) is the Defendant’s birth.
B. On January 4, 2016, the Defendant entered into a franchise agreement on E stores (hereinafter “instant restaurant”) with D Co., Ltd., and completed the business registration of the instant restaurant on February 4, 2016.
C. The Plaintiff paid to the Deceased KRW 8 million on December 9, 2015, KRW 20 million on January 15, 2016, KRW 190 million on January 19, 2016, KRW 50 million on January 20, 2016, KRW 100 million on February 12, 2016, KRW 29 million on February 15, 2016, and KRW 50 million on May 2, 2016 (hereinafter “instant money”).
The Deceased died on November 12, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, and 7 (including paper numbers), each fact inquiry results against Eul corporation of this court, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) On or around December 2015, the Plaintiff agreed to pay KRW 5 million per month to the Plaintiff by operating the restaurant of this case when the Plaintiff invested funds to the Deceased operating the restaurant of this case (hereinafter “instant agreement”).
(2) The agreement of this case constitutes an anonymous association agreement under the Commercial Act. Since the agreement of this case was terminated due to the death of the deceased who is a business operator or the termination of the service of the complaint of this case, the deceased, a business operator, is obligated to return the investment amount to the plaintiff who is an undisclosed partner pursuant to Article 85 of the Commercial Act. However, the deceased operated the restaurant of this case under the name of the defendant, not the defendant, but the restaurant of this case. The defendant, a title holder of the deceased, is jointly and severally liable for the return of the investment amount to the plaintiff pursuant to Article 81 of the Commercial Act.