대여금
The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasons for the reasoning of the judgment of the court of first instance concerning this case are as follows: “The Plaintiff and the Defendants asserted that “The amount claimed by the Plaintiff - the total amount of KRW 3,876,00 which was remitted to the company account by the Defendants to the company account - KRW 47,172,760” among the reasons for the judgment of the court of first instance, “(the Plaintiff’s claim amount - the total amount of KRW 36,320,000 which was remitted to the Defendants’ account - the total amount of KRW 36,320,00 which was remitted to the Defendants’ account).” The Plaintiff asserted that “The Plaintiff’s investment contract between the Plaintiff and the Defendants is to cancel the investment contract as it used the invested money to be used not to operate the company but to use it for personal purpose.” The Plaintiff’s investment contract between the Plaintiff and the Defendants constitutes a kind of partnership business contract with which the Defendants establish a company by investing the company operating the company and divide profits generated by the Defendants.” The Plaintiff’s claim for cancellation of the business contract is not acceptable.
2. Parts to be determined additionally
A. The Plaintiff’s assertion 1) Even if the money invested to the Defendants, the Defendants did not use the investment money as a company’s operating fund, and used it for personal purposes. As such, the Defendants deceiving the Plaintiff that they would have made profits, they acquired the said investment money by deceiving the Plaintiff. (ii) The Defendants made the said investment money by deceiving the Plaintiff. (iii) The Defendants made a voluntary consumption of the said money without returning it, even though the sum of KRW 4,232,760 ( KRW 913,000, KRW 3,319,760) deposited on December 30, 2016 and January 31, 2017 by Company E with the company account, and KRW 4,232,760 ( KRW 913,000) deposited on January 31, 2016.
B. As to the allegation on the acquisition of the loan 1, the Plaintiff was examined.