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Reasons
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(영문) 서울동부지방법원 2017.07.12 2016나6363
대여금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. Defendant B is a person who has promoted the business of building a new pentathy Frith Erith (hereinafter “Eri”), Defendant C is a father of Defendant B, and Defendant D is a person who introduced Defendant B to the Plaintiff.

B. On November 2, 2006, the Plaintiff remitted KRW 10 million to the Defendant C’s deposit account, KRW 50 million to the same account on November 23, 2006, and KRW 30 million to the Defendant D’s deposit account on December 12, 2006.

C. On April 4, 2007, the Defendants stated that the Plaintiff would pay KRW 5 million up to April 4, 2007, and KRW 50 million up to April 30, 2007, respectively, to the Plaintiff, respectively.

(B) have drawn up a statement. [The facts without dispute over the basis of recognition, Gap Nos. 1 and 2, the purport of the whole pleadings.]

2. The assertion and judgment

A. The summary of the plaintiff's assertion: The plaintiff lent to the defendants a total of KRW 90 million on November 2, 2006, KRW 10 million on November 23, 2006, KRW 50 million on November 23, 2006, and KRW 90 million on December 12, 2006, respectively, and thereafter, the defendants still receive payment from the defendants, but are not able to receive payment of KRW 10 million. Thus, the defendants are jointly and severally liable to pay the above KRW 10 million and delay damages to the plaintiff.

The Defendants: Defendant B invested KRW 100,000,000, including KRW 90,000,000 claimed by the Plaintiff in relation to the FJ development; however, Defendant B decided to borrow only KRW 80,000,00 among them and return it. The remainder of KRW 20,000,000 was decided to separately settle the exchange of G land owned by the Plaintiff and H and I land owned by the Defendant C. As such, the Plaintiff’s claim is without merit.

B. On November 2, 2006, the Plaintiff transferred KRW 10 million to the deposit account in Defendant C’s name; KRW 50 million to the same account on November 23, 2006; and KRW 30 million to the deposit account in Defendant D’s name on December 12, 2006.

However, among the above money, the defendants are not 80 million won but 9.0 million won.

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