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(영문) 광주지방법원 2018.04.27 2017나58709

대여금

Text

1. Of the judgment of the first instance, KRW 10,00,00 for the Plaintiff A, KRW 20,000 for the Plaintiff B, and KRW 30,000,00 for the Plaintiff C, respectively.

Reasons

1. Basic facts

A. The defendant is an agricultural partnership for the purpose of cultivating, cultivating, processing, distributing, selling, exporting, etc. the agricultural and forest products contract, and the plaintiff A and B are the defendant's members, and the plaintiff C is the plaintiff Eul's children who are the former representative director.

B. On September 15, 2015, the Defendant’s members divided into “invested cooperative members” and “invested cooperative members” that directly grow spaths in the Defendant corporation by investing partners in the Defendant corporation. ② A mushroom cultivation is conducted under the responsibility of the invested cooperative members. ③ The purchase cost of the mushroom shall be borne by the invested cooperative members. ④ A mushroom cultivation is to be allocated to the invested cooperative members who invest in the amount of KRW 25 million based on one unit of the invested cooperative members. At the time of the agreement, the Plaintiff, B and F, G, E, and the invested cooperative members were H, I, J, and K as the invested cooperative members.

C. On November 30, 2015, the Defendant notified the said member of the purchase cost of the Republic of Korea (based on 10 million won per Dong) to the Defendant’s account by depositing the said member into the Defendant’s account until November 30, 2015.

Plaintiff

B deposited KRW 20 million on November 24, 2015, Plaintiff A deposited KRW 10 million on December 22, 2015, Plaintiff C deposited KRW 30 million in each Defendant’s account from March 11, 2016 to March 15, 2016.

E. Meanwhile, on January 11, 2016, Plaintiff B returned KRW 20 million from the Defendant, and deposited KRW 20 million in the Defendant’s account again on March 21, 2016.

[Ground of recognition] Class A evidence Nos. 1, 3, Eul evidence Nos. 1 and 8, and the purport of the whole pleading

2. The parties’ assertion and key issues have leased KRW 10,00,000 to the Defendant respectively, KRW 20,000,000 to Plaintiff A, B, and C, and KRW 30,000 (hereinafter “each of the above money”). The Defendant calculated 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 30, 2016 to the date of delivery of a copy of the complaint of this case to the date of complete payment.