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1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
3...
Reasons
1. Basic facts
A. A converted the “F” in the Defendant’s operation into a legal entity and intended to jointly operate it.
For this purpose, A agreed to lend a total of KRW 80 million to the Defendant on May 15, 2017 and May 29, 2017 as funds necessary for incorporation, and to establish a corporation within three months, but to return it if the corporation is not incorporated.
B. However, the defendant thereafter up to now.
corporation under subsection (1) has not been established.
C. On February 28, 2018, after the filing of the instant lawsuit, A died on February 28, 2018, and the spouse, Plaintiff B, Plaintiff C, and D inherited A, and the lawsuit acceptance procedure was completed.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 and 3 (including a branch number in the event of a branch number), the whole purport of the pleadings [the defendant's statement Nos. 1. through 5 of the evidence No. 3 (the evidence No. 3 of the evidence No. 1 to No. 5 of the evidence No. 5 of the evidence No. 1 of the evidence No. 3 of the evidence No. 1 of the evidence No. 5 of the plaintiff No. 1 of the plaintiff No. 5 of the plaintiff No. 1 of the plaintiff No. 1 of the plaintiff No. 1 of the plaintiff No. 5 of the defendant's assertion that the defendant'
2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff B, the inheritor of A, a refund of the loan amounting to KRW 34,285,714 (i.e., KRW 80 million x KRW 3/7, and rounded below the original unit x below the original unit hereinafter the same) 22,857,143, respectively, to the Plaintiff C, and D (i.e., KRW 80 million x 2/7) and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 19, 2017 to the day of full payment, following the day of delivery of a copy of the complaint of this case as to each of the above amounts.
The defendant is not obligated to return the above KRW 80 million since it is part of the investment money, or a juristic person under an agreement between the plaintiff and the plaintiff.