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Reasons
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(영문) 서울동부지방법원 2016.07.05 2015가합100073
대여금
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 2006, the Plaintiffs, along with the Defendant, planned to establish and operate the D Limited Liability Company, which is the primary subcontractor of LG electronic, at the Gangnam-si of China, Gangnam-gu.

B. The Defendant entirely took charge of the business affairs in China for the establishment of D Limited Liability Company, and the Plaintiffs remitted to the Defendant the total amount of KRW 600 million from June 2006 to December 2007.

C. On December 15, 2008, the Plaintiff and the Defendant agreed to transfer the Defendant’s share and authority of 50% of the Defendant’s D Limited Liability Company to the Plaintiff A at USD 335,000, and written an investment transfer agreement with the same content.

Plaintiff

On January 7, 2009, A and the defendant completed the procedure for registration of change of business with permission from the government of South-si.

E. The Defendant brought a lawsuit against the Plaintiff A to the Chinese court for payment of USD 335,00 for the said investment transfer agreement, and the Plaintiff asserted that the amount was leased to the Defendant and the said amount was offset against the said amount, but the Chinese court did not withhold the determination on the amount of loan, set off only the loan claim of KRW 100,000 against the Defendant of the Plaintiff A, and subsequently accepted the Defendant’s claim against the Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 6, 14, Eul evidence Nos. 2 through 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1 decided to establish a limited liability company with Defendant as a partnership business, the Plaintiffs agreed to lend the amount equivalent to USD 335,000 to the Defendant’s share of the same business to be borne by the Defendant.

Accordingly, Plaintiff A lent KRW 263,00,000 to the Defendant, and Plaintiff B lent KRW 116,832,000 to the Defendant, and the Defendant is obligated to pay the remainder of loans, excluding KRW 100,000,000,00, which are recognized in Chinese litigation.

(2) Undue profits;

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