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(영문) 서울고등법원 2020.06.18 2019나2030349

대여금

Text

1. Revocation of the first instance judgment.

2. According to the selective claims added by this court, the defendant is respectively against the plaintiff A and C.

Reasons

1. Basic facts

A. According to the Defendant’s proposal, the Plaintiffs decided to invest money in the club business run by the Defendant, and paid KRW 360,000,000 each of the following to the Defendant, respectively:

Plaintiff C’s transfer to a bank account designated by the Defendant on July 45, 201, 200,000 on the date of subdivision (won) and to Plaintiff C’s bank account designated by the Defendant on July 17, 201, to Plaintiff D’s bank account designated by the Defendant on July 45, 2014; and Plaintiff D’s transfer to Plaintiff D’s bank account on July 45, 2014; and Plaintiff B’s transfer to Plaintiff B bank account designated by the Defendant on July 45, 200,000,000; and Plaintiff B’s transfer to Plaintiff B bank account on May 60, 2014, to KRW 30,000,000; and Plaintiff B’s transfer to Plaintiff B bank account designated by the Defendant on October 20, 2014; and Plaintiff C’s transfer to Plaintiff C bank account to KRW 30,000,0000; and Plaintiff C’s transfer to the bank account designated by the Defendant.

B. Around January 2014, the Defendant opened a mutually-ro club called “F club” (hereinafter “instant club”) in Gangnam-gu Seoul High Court, and began to operate the said club with the money of investors, including the Plaintiffs, but the Plaintiff continued to have failed to obtain any profit as originally anticipated.

C. The Plaintiffs received KRW 2,00,000 or KRW 5,000 from the Defendant on several occasions as the profit or dividend accrued from the operation of the instant club from February 2, 2014 to June 2, 200, and did not receive any money thereafter. The Plaintiffs continuously demanded the Defendant to disclose the details of the settlement of accounts, such as the profit and expenditure, of the instant club, but did not comply therewith.

Around January 2015, the Defendant received a request from the Plaintiffs for the return of the invested principal, and around February 3, 2015, the Defendant paid KRW 10,000,000 to Plaintiff D and around March 2, 2015, respectively.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 5, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. On January 2014, the Defendant loaned money to the Plaintiffs for business funds for the operation of the club.