차용금반환 등
1. The plaintiff's appeal and the defendant's appeal are all dismissed.
2. The plaintiff's conjunctive claim added at the trial.
1. Facts of recognition [based on recognition] without dispute, Gap evidence 1 through 5, 23, Eul evidence 1 and 2 (including each number), part of the testimony of the first instance court witness D (excluding the portion not trusted in the front and rear), the result of the party's personal examination by the defendant C, and the purport of the whole pleadings;
A. On May 2012, the Plaintiff and the Plaintiff’s husband D agreed to invest KRW 50 million in “E” (hereinafter “instant workplace”) operated by Defendant C under Defendant B’s name, and entered into a trade agreement with the Defendants to distribute profits arising from the operation of the instant workplace at the rate of KRW 3 (Plaintiffs):7 (Defendants) (hereinafter “instant trade agreement”). Accordingly, the Plaintiff transferred KRW 20 million to Defendant B’s account, and KRW 30 million on May 25, 2012, respectively.
B. On June 13, 2012, the Plaintiff and the Defendants changed the trade name of “E” to “F,” registered the Plaintiff as its representative, and made a passbook in the name of the Plaintiff to manage the expenses, etc. of the instant workplace on June 21, 2012, and Defendant B managed the management passbook, such as the expense of the instant workplace until July 2012, and thereafter, the Plaintiff managed it.
C. On June 13, 2012, the Plaintiff offered apartment units under the Plaintiff’s name as security and received a loan of KRW 18 million from the new bank, and received a loan of KRW 23 million from the Samsung Card Co., Ltd. on July 2012. ③ On July 20, 2012, the Plaintiff offered an apartment unit under the name of D as security and received a loan of KRW 27 million from the new bank, a total of KRW 68 million (hereinafter “instant loan”) around the same time, and paid to the Defendants.
On July 3, 2012, the Plaintiff and the Defendants changed the profit distribution ratio from 7 (Defendants) to 5:00 won, and the Defendants paid KRW 3,960,000 to the Plaintiff on July 3, 2012.
The Plaintiff’s management of passbooks on the expenses, etc. of the instant workplace.