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(영문) 부산지방법원 2016.01.15 2015가단9130
예치금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The plaintiff invested KRW 40,00,000 to the defendants on July 29, 200 at the request of the defendants who engaged in food manufacturing and selling business in the name of "D". However, the defendants did not return the above KRW 40,000,000 to the plaintiff and did not conclude a partnership agreement with the plaintiff. Thus, the defendants are obligated to pay the above KRW 40,000,000 to the plaintiff due to the return of the loan or the non-establishment of the partnership agreement.

According to the evidence No. 1, the plaintiff transferred total of KRW 40,00,000 to the defendant Eul's account on July 29, 2005. However, it is not sufficient to recognize that the plaintiff invested the above KRW 40,00,000 in the lending or the partner's loan, and there is no other evidence to acknowledge this differently. Thus, the plaintiff's assertion is without merit.

[Plaintiff] The Plaintiff asserts that the Defendants are obligated to pay KRW 40,000,000 to the Plaintiff as compensation for damages by deceiving the Plaintiff as if the Defendants were to use the said KRW 40,000,00 for the business fund, and lending it to E with the money for revoking auction. As such, the Defendants are also obligated to pay KRW 40,00,000 to the Plaintiff (see, e.g., the reference document submitted on January 6, 2015 after the closing of the argument in this case). However, there is insufficient evidence to acknowledge the above fact, and the result of reply to each order to submit financial transaction information by this court, and there is no other supporting evidence to acknowledge it. Thus, the Plaintiff’s claim is without merit, and all of them are dismissed.

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