(영문) 서울중앙지방법원 2019.05.02 2018가단5231263

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(영문) 서울중앙지방법원 2019.05.02 2018가단5231263

대여금

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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from September 27, 2016 to May 2, 2019.

Reasons

1. Basic facts

A. On April 7, 2014, the Plaintiff paid KRW 50,000,00 to the Defendant. On the same day, the Defendant prepared and issued a cash custody certificate stating that “50,000,000 won shall be received on April 7, 2014 and the receipt (storage) of the said amount shall be verified.” The Plaintiff shall prepare and affix his/her name and seal to the Plaintiff on the same day (hereinafter “instant cash custody certificate”).

B. On October 8, 2016, the Plaintiff stated as follows: “The letter of payment for the loan and the letter of performance recommendation for the debtor’s loan (hereinafter “the letter of performance recommendation”) with the Defendant is “the letter of payment for the loan in this case.”

- The Plaintiff, on April 7, 2014, shall be confirmed to have invested KRW 50,00,00 in the State of Corporation C, the Defendant, who has borrowed 50,000 from the Plaintiff on April 7, 2014. The foregoing amount shall be determined as the loan on January 1, 200, and the following provisions shall be lent to the Plaintiff’s money on April 7, 2014. 2. The principal shall be remitted to the Plaintiff’s domicile or account under the agreement as of September 26, 2016 and the due date for repayment shall be transferred to the Plaintiff’s address or account on March 5, 2014 [based on recognition], without dispute, each entry in subparagraphs 1 through 3 (including the serial number, the purport of the entire pleadings).

2. The parties' assertion

A. The Plaintiff’s assertion is a loan of KRW 50,000,000 that the Plaintiff paid to the Defendant on April 7, 2014, and even if not, the Plaintiff and the Defendant agreed to pay KRW 50,000,000 to the Plaintiff by preparing a letter of payment for the instant loan on October 8, 2016.

Therefore, the Plaintiff primarily sought the return of KRW 50,000,000 from the Defendant, and the amount of KRW 50,000,000 as preliminary agreement.

B. On April 7, 2014, the Plaintiff paid KRW 50,000,00 for the purpose of investing in the D business of C Co., Ltd.

However, since there was no profit from the above business, the defendant is about 50,000,000.

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