대여금
1. The plaintiff's appeal is all dismissed.
2. The plaintiff's preliminary claims added at the trial are all dismissed.
3...
1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the part of the judgment of the court of first instance, except where the plaintiff added the judgment of the court of first instance as set forth in paragraph (2) as to the conjunctive claim in the court of first instance. Thus, the court of first instance cites it as it is in accordance
2. Additional matters to be determined
A. Even if the Plaintiff’s conjunctive assertion amounting to KRW 30,00,000 paid by the Plaintiff to the Defendants, is the investment funds for Defendant B’s video English education and accommodation business, the Defendants, as a settlement following the completion of the said business, shall return the remainder of the said investment funds and the money used individually by the Defendants to the Plaintiff, instead of being used for the said business.
Therefore, Defendant B is obligated to pay the remainder of KRW 17,592,380 (=27,000,000 - 5,400,000 -7,620,000 - 7,380 (7,407,620 won) as well as the remainder of KRW 14,592,380 after deducting the above rent and the price of the goods purchased in the market from KRW 30,00,00 and KRW 7,407,620). Defendant C is jointly with Defendant B and jointly with Defendant B, and Defendant C is obligated to pay the remainder of KRW 14,592,380 (i.e., KRW 27,00,000 - KRW 5,00,000 - KRW 7,407,620).
B. According to the reasoning of the judgment Gap 6, Defendant C wired a total of KRW 8,043,500 to E on several occasions from November 11, 2013 to February 15, 2014, and wired a total of KRW 13,924,00 to F on several occasions from November 22, 2013 to March 24, 2014.
However, comprehensively taking account of the overall purport of the statements and arguments in Eul 1, 2, 9-16 and the following circumstances, namely, ① is a Korean student who was enrolled in the Philippines where defendant Eul had been engaged in video language education and accommodation business, Eul appears to have withdrawn the money remitted from the defendant Eul and delivered it to G as the local person in charge of accounting of the above business, ② is the birth of the defendant Eul, and the defendant Eul is the birth of the defendant Eul. The defendant Eul is a student of the defendant Eul through the bank account of the F with low remittance fees.