(영문) 서울중앙지방법원 2018.11.30 2018가합555091

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(영문) 서울중앙지방법원 2018.11.30 2018가합555091

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. Basic facts

A. On June 15, 2017, the Plaintiff and the Defendant concluded an investment agreement (hereinafter “instant agreement”) and the details thereof are as follows.

Article 1 (Purpose) The objective of this Arrangement is to clarify the matters to be observed in relation to the Plaintiff’s acquisition of C’s “Advanced Technology Industry Patent and Invention Support Project” business rights to C’s Asian Market (excluding China and Japan) and investing its funds from C to the Defendant who will proceed with the entry into the Asian Market including the Republic of Korea in order to facilitate securing of Asian business rights.

Article 3 (Amount of Investment Agreements) The amount of investment under this Agreement shall be one billion won.

Article 4 (Limitation on Use of Investment Agreement Amount) The defendant may not use the amount of one billion won paid by the plaintiff to C for any purpose other than transferring it to C.

Article 5 (Return of Amount of Investment Agreement) If the amount of KRW 1 billion paid by the Plaintiff to the Defendant is not remitted to C by June 16, 2017, the Defendant shall immediately return to the Plaintiff the amount of KRW 1 billion of the investment agreement.

B. According to the instant contract, the Plaintiff remitted KRW 1 billion to the Defendant’s account on June 15, 2017, and the Defendant transferred USD 3 million, including the said money, to D (hereinafter “D”)’s account on June 16, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion that the instant contract was based on the premise that it is a lending contract is a contract. The instant contract is a contract with the purport that the Plaintiff lends KRW 1 billion to the Defendant. On November 6, 2017, the Plaintiff made a declaration of intent to terminate the instant contract to the Defendant and the repayment period of KRW 1 billion for the loan has arrived.

However, the instant contract is a contract under which the Plaintiff did not set the time to return KRW 1 billion to the Defendant, and the Plaintiff notified the Defendant of the return thereof on November 6, 2017.

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