대여금
1. The plaintiff's appeal against the defendant B shall be dismissed.
2. The Plaintiff’s trial against Defendant C is exchanged.
1. The party's assertion
A. The Plaintiff’s assertion 1) The Plaintiff set up and lent to Defendant B KRW 30 million on June 3, 2009 as “interest rate of 7% per annum” (However, the interest was paid until April 6, 2012).
(2) On April 29, 201, Defendant C had a duty to pay the Plaintiff a total amount of KRW 90 million and any agreed interest or delay damages. Defendant C had a duty to pay the Plaintiff a total amount of KRW 90 million to the Plaintiff. Defendant C has a long-standing relationship with Defendant B, and Defendant C has a long-standing relationship with the Plaintiff, and it seems to be the subject to guarantee as to whether it is possible to ensure that she would return money to her (Defendant B). The company managing she had a safe company to secure the principal and interest as she has secured a security against her principal and interest.”
In fact, even if the defendants received money from the plaintiff, they did not have any intent or ability to repay it, and did not have any clear security, they have taken money by deceiving the plaintiff as above.
3) Therefore, Defendant C is liable to compensate the Plaintiff for the amount equivalent to KRW 90 million that the Plaintiff lent to Defendant B as compensation for damages arising from a tort. (B) Defendant B was paid KRW 90 million from the Plaintiff, but this is merely a loan, not a loan, but an investment loan. The agreement on interest asserted by the Plaintiff is merely a payment agreement on investment income.
Therefore, Defendant B is not liable to the Plaintiff for the loan, and Defendant B is currently unable to make profits from the above investment, so there is no obligation to pay the Plaintiff’s investment proceeds.
2 Defendant C merely introduced Defendant B to the Plaintiff as a kind of job offering and delivered the investment money received from the Plaintiff, and thus, Defendant C did not have any responsibility with respect to the monetary obligation of the Plaintiff.
2. Determination:
A. The plaintiff's defendant B.