(영문) 대구지방법원 2019.05.17 2018가단1787

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(영문) 대구지방법원 2019.05.17 2018가단1787

대여금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Chief;

A. The plaintiff's assertion 1) The defendant operated D with the non-party C as the partnership business. 2) The defendant and the above C requested the plaintiff to lend money to the plaintiff in order to pay payment to the above business partner, and the plaintiff lent KRW 191,180,245 to the plaintiff.

3. Therefore, the defendant is obligated to pay the money borrowed for a joint project as the partner of the above C, or is obligated to pay the money stated in the purport of the claim to the plaintiff as a joint borrower.

B. The defendant's assertion that the defendant did not manage D with the above C and the same business, and there is no fact that the plaintiff borrowed the above money from the plaintiff.

2. Determination:

A. The main cause of the Plaintiff’s claim as to the partnership relationship is that “The Plaintiff lent the money stated in the purport of the claim to C with the funds for the business of D Co., Ltd., and the Defendant operated the said company with C as it generated from the partnership with C, and the Defendant also has the obligation to pay the money stated in the claim as the partnership’s debt.”

Therefore, we examine whether the defendant is in a partnership relationship with C.

According to the statement of evidence No. 7, the defendant himself/herself, from June 2014, operated the wholesale business of agricultural and livestock products with the trade name D from June 2014, and he/she jointly established D around May 22, 2015, so there is room to regard the defendant and C as a trade partner.

However, according to the investigation results and the statement of opinion among the evidence No. 18 (Notice of Reasons for Non-prosecution), C invested 400 million won when establishing a stock company D, but the defendant decided to invest 100 million won, but did not comply with such a promise, so he managed the fund, the defendant was in charge of the business, and the defendant did not make an investment.

In addition, according to the entry of No. 2 and the purport of the whole pleadings, C holds 10% of the shares of the above company.

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