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 parties' assertion
A. The Defendants are jointly and severally liable to pay the Plaintiff the loan or the investment amount of KRW 100 million and the damages for delay for the following reasons.
1) The Plaintiff is the Plaintiff’s “DC” (hereinafter “CC”) from the Defendants.
(2) The Defendants agreed to return the principal, even if the amount of KRW 100 million is not a loan, and the amount of the loan is not a loan, and the amount of the loan is not a loan. The Defendants agreed to return the principal even if the amount of the loan is not a loan.
3) If Defendant C is not a co-operator of the instant car page, it is liable to pay the above KRW 100 million as the nominal holder under Article 24 of the Commercial Act, even if he was to lend his name to Defendant B in relation to the instant car page operation. (B) Defendants B and B were operating the instant car page to Dong business with Defendant E, upon introduction of the Plaintiff, entered into a contract with the Plaintiff to receive KRW 140 million out of the Defendant’s friendship and the Plaintiff’s profits and to receive KRW 140 million in return. Accordingly, Defendant B received KRW 100 million from the Plaintiff.
2 The defendant C did not have any monetary transaction with the plaintiff, and only lent the name of the defendant C in relation to the operation of the car page of this case.
2. Determination
A. The loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such kind, quality and quantity as such (Article 598 of the Civil Act). Thus, it is natural that the other party agrees to the above point.
(Supreme Court Decision 2010Da41263, 41270 Decided November 11, 201). Also, another person.