대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, on December 20, 201, remitted to Defendant B the sum of KRW 1.1 million (hereinafter “amount of remittance of this case”) including the Baban on December 20, 201, the Baban on December 28, 2011, the Baban on December 30, 201, the Baban on December 30, 201, and the Baban on April 26, 2012.
(A) 1-4). 2. Claims and judgments
A. In around 2011, the Defendants, the husband and wife of the Plaintiff, were scheduled to accept the Plaintiff’s limited liability company in China, requesting the Plaintiff to provide financing. The amount of the instant remittance is the amount that the Plaintiff lent to the Defendants for the acquisition fund without interest or due date agreement.
Therefore, the Defendants are jointly and severally liable to pay the Plaintiff KRW 199,089,00 (the amount converted into the exchange rate as of December 14, 2015, which was 1100,000,000) and the delay damages.
B. Around December 2011, the Plaintiff and Defendant B agreed to acquire the shares and management rights of DDD Corporation from E and jointly manage them.
Accordingly, the amount of remittance of this case is the money used as operating funds following the acquisition of limited liability LLC, and is not only investment funds but also the loan that the Plaintiff lent to the Defendants.
C. The statement of No. 1-4 alone is insufficient to recognize the remittance amount of this case as a loan to the Plaintiff’s Defendants, and there is no other evidence to acknowledge it.
The plaintiff's above assertion is without merit.
3. Conclusion, the Plaintiff’s claim against the Defendants is dismissed on the ground that it is without merit.