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(영문) 서울동부지방법원 2015.04.10 2014나8167
대여금
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 8, 2012, the Defendant: (a) borrowed KRW B (Defendant) from the Plaintiff on October 8, 2012, KRW 300,00,000,000 from the Plaintiff; (b) prepared a loan certificate stating that “for the purpose of use: project funds and repayment date: December 30, 2013; (c)” (A evidence 1; hereinafter “the instant loan certificate”) and delivered it to the Plaintiff.

B. On October 8, 2012, October 2012, the date when the loan certificate of this case was prepared by the Plaintiff, the Plaintiff’s restaurant “D” of the first floor of the building of Songpa-gu Seoul Metropolitan Government Ground C is the restaurant of this case.

(C) Around March 13, 2013, the Plaintiff entered into a contract to acquire the right of lease, etc. on the instant restaurant, and paid KRW 10,000,000 as the deposit for lease, and paid KRW 10,000 as the premium for the instant restaurant, and completed the registration of business in the name of the Plaintiff regarding the instant restaurant on October 22, 2012. Around March 13, 2013, the Plaintiff entered into a contract to transfer the right of lease, etc. on the instant restaurant and received KRW 10,00,00 as the premium, and received KRW 3,115,000 after deducting the overdue rent from the deposit for lease, and received KRW 10,00 as the premium for the instant restaurant on March 20, 2013.

2. Determination

A. (1) The Plaintiff’s assertion that “The Plaintiff borrowed KRW 35,000,000 from the Defendant’s business funds (such as lease deposit and premium, etc. of the restaurant in this case) because he/she want to take over and operate the restaurant in this case” was requested and lent KRW 35,00,000 to the Defendant on October 8, 2012.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 21,885,000 (i.e., loans KRW 35,000,000 - Plaintiff’s premium and remaining lease deposit KRW 13,115,00) received on March 13, 2013, and damages for delay.

(2) The defendant's assertion that the restaurant of this case that the plaintiff accepted is again transferred to the defendant.

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