대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the assertion emphasized by the defendant in this court, and therefore, it is acceptable in accordance with the main sentence of Article
(2) The Defendant’s grounds for appeal do not differ significantly from the allegations in the first instance trial, and even if considering the evidence submitted by the Defendant to this court, the fact-finding and determination in the first instance court are deemed legitimate). 2. The Defendant asserts that the amount paid by the Plaintiff to the Defendant is not a loan but an investment amount based on internal relations.
However, as alleged by the Defendant, if the Plaintiff invested a large amount of money exceeding KRW 100 million in the short period, it is deemed that the Plaintiff and the Defendant set up the investment object of the said money, profit distribution rate, etc. in line with the transactional norms and empirical rules, as set forth in the following circumstances:
It seems that the Plaintiff and the Defendant did not have determined this, and there is no objective data to confirm the investment contract and other investment relations, and the Defendant appears to have continuously endeavored to resolve the financial problem with the Plaintiff directly or through a third party from before the institution of the instant case to the trial. In full view of the fact that the form of a general investment relationship is considerably exceptional, the amount that the Plaintiff paid to the Defendant is not a loan, but a loan.
The defendant's above assertion is without merit.
3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.