(영문) 서울고등법원 2015.11.27 2015나2012213

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(영문) 서울고등법원 2015.11.27 2015나2012213

대여금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 2013, the Plaintiff and Defendant C agreed to operate the instant parking lot operation business in the vicinity of Seoul D (hereinafter “instant parking lot”) as a partnership business after being entrusted by E. Accordingly, the Plaintiff decided to invest KRW 30 million and KRW 170 million in Defendant C.

B. On December 18, 2013, the Plaintiff entered into an entrustment contract with E to operate the instant parking lot by setting the rental amount of KRW 500 million.

C. On December 16, 2013, the Plaintiff newly opened an account in his name with respect to the instant parking lot operation business, and transferred the Plaintiff’s investment amount of KRW 330 million deposited in the said account to the said E on December 18, 2013 (the KRW 200 million, offered real estate owned by the Plaintiff as collateral and obtained a loan by Defendant C as Defendant C’s obligor) and Defendant C’s investment amount of KRW 40 million, totaling KRW 70 million, to the said E on December 18, 2013.

On the other hand, on December 12, 2013, Defendant C paid KRW 100 million to E as down payment.

【Ground for recognition】 The fact that there has been no dispute, Gap 2-10 evidence, Eul 1's each entry, the purport of whole pleading

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The Defendants and E agreed to pay the full principal or an amount in excess of the principal in the future from the victims including the Plaintiff without obtaining authorization, etc. under the name of the Korean Association of Persons with Disabilities, a corporate body, for the purpose of running a public parking lot business under the name of the Korean Association of Persons with Disabilities. Such acts by the Defendants violate the Act on the Regulation of Unauthorized Receipt of Loans Prohibition against Unauthorized Receipt of Loans, and the investment agreement between the Plaintiff and the Defendants are null and void. As such, the Defendants are obliged to return the said amount in the name of the investment deposit to its original state. 2) Comprehensively taking into account all the evidence submitted by the Plaintiff, the Defendants are obligated to return

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