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(영문) 서울동부지방법원 2020.11.19 2020가단111148
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 31, 2017, the Plaintiff entered into an investment agreement with C (hereinafter “C”) with the content that the Plaintiff invests KRW 200 million in C in relation to the “E Regional Housing Association Project” (hereinafter “instant project”) that promotes the construction of apartment units in Gangnam-gu Seoul Metropolitan Government D, and that C would pay the said investment principal to the Plaintiff at the time of receiving project expenses from the trust company after attaining the membership recruitment rate of 50%.

B. The defendant is F's wife, the representative director of C, and is registered as C's internal director.

C. The Plaintiff transferred KRW 200 million to the Defendant’s Nonghyup Bank account on June 1, 2017 under the said investment agreement.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The Plaintiff’s assertion and determination that the Plaintiff and the Plaintiff have the duty to return 200 million won of the above investment money to the Plaintiff as a guarantor, since the project of this case did not proceed until the last three years, and the area subject to the project of this case is an area where it is impossible to carry out the project as a regional housing association and the due date has arrived.

The statement in Gap evidence No. 4 alone is insufficient to recognize the above assertion that the defendant guaranteed the above investment money to the plaintiff, and there is no other evidence to prove otherwise.

Therefore, without having to decide on the remainder, the plaintiff's above assertion is without merit.

3. The plaintiff's claim for the conclusion is dismissed as it is without merit.

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