(영문) 청주지방법원충주지원 2015.05.28 2014가단6759

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(영문) 청주지방법원충주지원 2015.05.28 2014가단6759

약정금

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1. The claim of this case is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The Plaintiff paid KRW 30,000,000 to the Defendant on June 15, 2012, and KRW 30,000,000,000 (hereinafter “the instant money”). The said money is a loan, and even if an investment is not a loan, the Defendant agreed to pay KRW 30,000,000 with text messages (Evidence A2) on June 14, 2013, since the Defendant agreed to pay KRW 30,00,000 to the Plaintiff by June 30, 2013, the Defendant is obligated to pay the said KRW 30,000,000 and delay damages therefrom to the Plaintiff.

B. The Defendant agreed to operate the Plaintiff and C’s mobile phone business place and D’s party hall (hereinafter “the party hall of this case”) as a partnership business, and invested KRW 30,00,000 in the above party hall in the Plaintiff. Thus, the amount of this case is an investment that is not a loan.

In addition, the defendant tried to pay the plaintiff KRW 30,000,000 to the plaintiff on the condition that the head of the party of this case should be disposed of, but since the defendant failed to take the disposition of the party of this case, he did not have the obligation to pay KRW 30,00,000 to the plaintiff

2. Determination

A. First, in light of the fact that the funds of this case paid by the Plaintiff to the Defendant were not written with any loan certificate as to whether they are loans, and according to the Gap evidence No. 5 (Ruling of Non-prosecution) and it appears that there was no separate interest or payment period agreement on the above funds, the evidence alone submitted by the Plaintiff is insufficient to acknowledge that the funds of this case are loans, and there is no other evidence to acknowledge it.

B. We examine whether the Defendant agreed to pay KRW 30,000,000 to the Plaintiff, and according to the evidence No. 2, the Defendant prepared to make the Plaintiff with the principal of the money as follows: (a) as to whether the Defendant was to pay KRW 30,000,000 to the Plaintiff; and (b) as to whether the Defendant was to pay KRW 20,000 to the Plaintiff.

If good, we have good quality, we have to do so, but we have to do so, and we have no governance.

유사 판례

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