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(영문) 수원지방법원안양지원 2017.05.19 2016가합103687
대여금
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff's primary assertion is that the plaintiff lent money to the defendant C in relation to the development of tin acid located in Masung City, and the defendant B jointly and severally guaranteed this, the defendants are jointly and severally liable to pay the loan amounting to KRW 235,000,000 and damages for delay.

Preliminaryly, even if the above money was invested, there has been no development of land at all after the date, so the Defendants shall jointly and severally return the amount of KRW 235,000,000.

B. D and Defendant C, the husband of the Plaintiff’s assertion by the Defendants, agreed to develop the E forest land E 16,115 square meters (hereinafter “instant land”) and divide profits into 5:5.

Since the plaintiff later remitted money upon the plaintiff's husband's request, the plaintiff is not a party to the investment agreement.

In addition, Defendant B merely lent the account to Defendant C and did not participate in the transaction, which is not a party.

In addition, the above business agreement was terminated as impossible, and there was no residual property of the business entity, so Defendant C did not have money to the Plaintiff.

2. Determination 1) The Plaintiff paid KRW 100,00,000 to Defendant C on November 17, 2005, when comprehensively taking account of the following facts: (a) there is no dispute between the parties as to the primary claim; and (b) the purport of the entire pleadings as to the entries in the evidence Nos. 1 through 3; and (c) the Plaintiff transferred KRW 50,000,000 to the Defendant B’s account, the wife of Defendant C, and KRW 15,00,000 on January 13, 206; and (d) the Defendants transferred KRW 40,00,000 on February 7, 2006 to the Defendants’ primary claim. However, it is difficult to recognize the facts that the Defendants received money from the Plaintiff on the basis of the testimony of the witness F, and that the Defendants’ primary claim was a joint and several surety between the Defendants’ primary claim and the Defendants’ primary claim for investment agreement.

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