(영문) 대전지방법원 2019.01.17 2017가단215084

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(영문) 대전지방법원 2019.01.17 2017가단215084

대여금

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1. Defendant C and D jointly share KRW 100 million to the Plaintiff, and 5% per annum from July 1, 2015 to January 17, 2019.

Reasons

1. Judgment on the main claim

A. The gist of the Plaintiff’s assertion is that the Defendants jointly conspired with the Plaintiff to acquire KRW 100 million from the Plaintiff as investment money, and the Defendants are obliged to jointly pay 5% per annum from December 1, 2014, which is the last day of service of the complaint, to December 9, 2017, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.”

B. The Plaintiff, at the request of Defendant C and D, jointly operated “G” in Defendant C and Jeonju, and the Plaintiff decided to make an investment of KRW 100 million, may be recognized by the statement in the evidence No. 1 and No. 2 as follows: (a) the Plaintiff transferred KRW 50 million to the financial account in Defendant F’s name on October 24, 2014; (b) KRW 30 million on November 25, 2014; and (c) the financial account in Defendant E’s name on December 1, 2014; and (d) KRW 100 million on December 1, 2014.

However, it is not sufficient to recognize only the entry of the evidence No. 3 as to whether the Defendants deceptioned the Plaintiff and acquired KRW 100 million, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's primary claim, which is premised on the defendants' tort, is without merit.

2. Determination on the conjunctive claim

A. The gist of the Plaintiff’s assertion is that “The Defendant originally agreed to guarantee the principal of investment to the Plaintiff, and agreed to return the principal of investment to the Plaintiff upon the termination of the investment contract, and accordingly, the Plaintiff is jointly liable to pay KRW 100 million and its delay damages to the Plaintiff.

B. The fact that part 1 of the judgment against Defendant C and D was recognized is as follows: (a) the Plaintiff jointly operated “G” in Defendant C, D, and Jeonju; (b) the Plaintiff, upon the request of Defendant C and D, to make an investment of KRW 100 million, remitted KRW 50 million on October 24, 2014; (c) KRW 30 million on November 25, 2014; and (d) KRW 100 million on December 1, 2014.

Defendant C and D are liable for the principal invested in the Plaintiff.

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