투자금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 21, 2012, the Plaintiff remitted KRW 100 million to C.
B. C was appointed as the Defendant’s intra-company director on July 3, 2015, and resigned on July 18, 2016.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, and the purport of whole pleadings
2. Assertion and determination
A. The Plaintiff asserted that the Plaintiff lent KRW 100 million to C on May 21, 2012, and the repayment date was set at the time when the Plaintiff demanded payment one month after one year, and the interest amount was set at KRW 30 million per year.
C used the above money as the Defendant’s operating fund, but did not repay the above loan despite the Plaintiff’s demand for repayment.
Accordingly, the defendant prepared the evidence No. 1 (fact-finding certificate), and thus, the defendant is obligated to pay 130 million won to the plaintiff.
B. 1) As long as the formation of a disposal document is recognized as authentic, the court should recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposal document unless there is any clear and acceptable counter-proof as to the denial of the contents stated therein. In a case where there is a dispute over the interpretation of a contract between the parties and the interpretation of the intent of the parties indicated in the disposal document is at issue, a reasonable interpretation should be made in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and circumstance of the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc. (see, e.g., Supreme Court Decision 2014Da1976, 19783, Feb. 15, 2017). 2) In light of the foregoing legal doctrine,
In full view of the purport of the argument in Gap evidence No. 1, the above confirmation document is obligated to receive KRW 100,000 from the plaintiff on May 21, 2012 and pay KRW 30,000,000 as interest therefrom. Thus, the amount to be paid by Eul out of the defendant's loyalty business rights and other profits from business rights shall be paid to the plaintiff by August 30, 2016.