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(영문) 서울고등법원 2020.09.10 2020나2013241
대여금
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

The purport of the claim and appeal is the purport of the appeal.

Reasons

(a) basic facts.

A. On April 12, 2012, the Defendant entered into a contract with C on April 12, 2012 to invest KRW 300 million in a corporation established in Hong Kong (hereinafter “E”) to acquire part of the shares of the said company in order to run a business of borrowing D tea or franchise (hereinafter “instant business”) in China, and paid KRW 300 million to C.

B. On June 6, 2012, the Plaintiff paid KRW 500 million to the Defendant for the purpose of investing in the instant business. On the same day, the Defendant prepared and rendered a cash custody certificate (hereinafter “the instant cash custody certificate”) with the following contents to the Plaintiff on the same day.

Cash Storage Certificate: Obre, e.g., 500,000,000) received the above amount on June 6, 2012, and prepare and affix a signature and seal this Certificate for receipt (storage) of that amount.

* On June 6, 2012, a custodian of the reasons for custody set the said amount for D Whitena’s investment deposit (0.5% equity ratio) for the purpose of D Whitena’s investment deposit (0.5% equity ratio): The Plaintiff and the Defendant agreed to use 250 million won out of the above KRW 500 million as a loan to the Defendant of the Plaintiff who did not set the due date and interest, and the remainder of KRW 250 million as an investment deposit in the instant project.

(hereinafter referred to as the “instant investment contract”) entered into between the Plaintiff and the Defendant with respect to the said investment deposit.

Upon repayment of the above loan, the Defendant returned KRW 150 million to the Plaintiff on May 28, 2018, KRW 50 million, KRW 50 million on September 28, 2018, and KRW 250 million on November 30, 2018.

On the other hand, the Defendant prepared and awarded to the Plaintiff a letter of undertaking stating that “I will undertake the performance of the obligation to KRW 200 million by March 31, 2019” (hereinafter “instant letter of undertaking”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2 and 3 (including branch numbers), the purport of the whole pleadings

2. Prior to determining the claim for the return of the investment amount.

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