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(영문) 수원지방법원 2019.06.14 2019나347

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

On August 4, 2014, the Plaintiff asserted that the Plaintiff agreed with the Defendant to the effect that “the Plaintiff shall lend KRW 30,000,000 to the Defendant KRW 1,000 per month interest in connection with the Defendant’s used car sales business.” On the same day, the Plaintiff paid KRW 29,00,000,000 (hereinafter “the instant money”).

On August 5, 2015, the Defendant drafted a loan certificate stating that “the repayment of the above loan by the end of 2016” was made to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 30,000,000 and damages for delay.

The instant claim is not the amount that the Plaintiff lent to the Defendant, but invested in the Defendant’s used car sales business. Accordingly, the Defendant paid a sum of KRW 5,700,000 from September 2014 to June 2015 as dividends to the Plaintiff, but the Defendant’s business failed to pay dividends due to the failure of the Defendant’s business. Accordingly, the Plaintiff’s assertion is without merit.

Judgment

In full view of the overall purport of the pleadings, the following facts can be acknowledged in the evidence Nos. 1 to 3 and No. 5.

On August 4, 2014, the Plaintiff heard from the Defendant that “if the Plaintiff entrusts the Defendant with KRW 30,000,000,000, the Plaintiff paid KRW 1,000 per month to the Plaintiff, and if necessary, returned the principal at any time,” and paid KRW 29,00,000 to the Defendant by remitting KRW 29,00 to the bank account in the name of C, his father.

(A) Since September 20, 2014, and October 20, 2014, respectively, and November 20, 2014, the Defendant paid to the Plaintiff KRW 500,000,000 as dividends of the instant money, respectively, for the purpose of paying dividends. < Amended by Act No. 1283, Dec. 24, 2014; Act No. 13190, Jan. 20, 2015; Act No. 13206, Feb. 23, 2015; Act No. 13203, Mar. 20, 2015; Act No. 13200, Apr. 20, 2015; Act No. 13300, Jun. 26, 2015; Act No. 13300, Jan. 20, 2000>

(No. 5). The plaintiff is the defendant on 2016.