(영문) 의정부지방법원 2018.09.20 2018나2401

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(영문) 의정부지방법원 2018.09.20 2018나2401

대여금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 6, 2015, the Plaintiff, the Defendant, and C entered into an agreement to jointly support the operating fund (hereinafter “instant agreement”) with an insurance solicitor business operated by D (hereinafter “instant business”).

The main contents are as follows:

- The Plaintiff, the Defendant, and C shall jointly pay KRW 100 million (the Plaintiff and C shall each be KRW 30 million, the Defendant shall be KRW 40 million) with their operating capital for the instant project.

- Interest on payments shall be set at 1% per month, and shall be paid from the earned surplus of the business in this case as of the end of each month.

- The Plaintiff, the Defendant, and C are to receive reimbursement of the principal paid in 5 million won per month from December 2015 to December 25 of each month (Provided, That the first repayment date shall be December 24, 2015).

- All the tasks shall be carried out by the defendant.

B. In accordance with the instant agreement, the Defendant leased KRW 100 million to D on March 13, 2015 on the condition that D redeems KRW 5 million per month from December 25, 2015 to December 20 months.

C. Meanwhile, from May 28, 2015 to October 25, 2015, the Plaintiff remitted the amount of KRW 12 million to the Defendant (hereinafter “instant money”), and the Defendant paid it to D.

[Ground of recognition] Unsatisfy, Gap evidence 1, 4, Eul evidence 1 (including a tentative number), the purport of the whole pleadings

2. The plaintiff asserts that the money of this case is leased to the defendant pursuant to the agreement of this case or is paid as investment under a special contract for the return of principal, and that the defendant is obligated to return the money of this case to the plaintiff.

However, as seen earlier, the instant agreement determines the interest rate on the payment, the amount and time of installment repayment, etc. Therefore, the amount of KRW 30 million paid by the Plaintiff pursuant to the instant agreement appears to be the investment amount scheduled for repayment of the loan or principal.

However, with respect to the instant agreement, additional payments other than the above KRW 30 million.

유사 판례

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