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(영문) 광주지방법원 2020.07.22 2019가단527970
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Plaintiffs entered into an investment agreement with D Co., Ltd. (hereinafter referred to as “D”) on September 7, 2015, stating that “the Plaintiffs shall invest 200,000,000 won in D and Mexico Corporation E (the representative director, the Defendant, and the Mexico Corporation; hereinafter referred to as “Mexico Corporation”) and distribute the investment amount to the profits on a six-month basis from September 2016, and the Mexico Corporation shall settle the profits on a two-year basis, and the settlement of the profits of Mexico Corporation shall be made on a one-year basis.”

D’s deposit account; Plaintiff B deposited KRW 90,00,000 on November 30, 2015; KRW 10,000,000 on December 15, 2015; and Plaintiff A deposited KRW 10,000,00 on December 15, 2015, respectively.

On February 15, 2016, the Plaintiffs deposited KRW 40,000,00 each into the deposit account of D.

[Ground of recognition] The written evidence Nos. 1-1, 2, 1-2, 1-2, and 2-2, and the purport of the entire argument of this court, each of the above KRW 40,000,000, which the plaintiffs asserted by the plaintiffs, deposited on February 15, 2016, are loans to the defendant upon the defendant's request for investment in the purchase price for the withdrawal period of the withdrawal period of the withdrawal period of the withdrawal period of the payment period of three months, and thus, the defendant is liable to pay each of the plaintiffs the amount of KRW 40,00

According to the statement in Gap evidence Nos. 2 and 3 of this Court's judgment, the defendant's representative director is the defendant's purchase on November 30, 2015 from G Co., Ltd. to KRW 360,00,000 (value-added tax separate). The plaintiff B concluded an agreement with the defendant on June 21, 2019 that "at once 40,000,000 won is a loan only for several months," and the defendant's "at first, it did so," and "at first, it was 140,000 won for each individual, and later, it was 140,000 won for each of the above investments." However, the plaintiffs concluded the agreement with D on June 21, 2019, and the above facts were 40,000 won for each of the above investments.

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