(영문) 서울중앙지방법원 2015.05.13 2014가단206653

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(영문) 서울중앙지방법원 2015.05.13 2014가단206653

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 13, 2007, the Plaintiff transferred KRW 30 million to the national bank account in the name of the Defendant’s denying C.

2. The Plaintiff’s assertion, the Defendant, and D decided to share the restaurant around December 2007.

The plaintiff, at the defendant's request, remitted 30 million won to C, which is a loan, and the defendant agreed to complete the loan upon the completion of the partnership business.

Therefore, the defendant is obligated to pay the above KRW 30 million to the plaintiff and the damages for delay.

3. The written evidence Nos. 1 and 2 alone is insufficient to acknowledge that the above KRW 30 million was a loan to the defendant, or that the defendant agreed to repay it. There is no other evidence to acknowledge this otherwise.

Rather, in light of the following circumstances, the evidence No. 2, No. 1, No. 2, and No. 30 million won is determined as investment funds according to the business agreement of the plaintiff, the defendant, and D, in light of the overall purport of the pleadings.

A. On December 2007, the Plaintiff, the Defendant, and D agreed to jointly operate a restaurant and distribute the profits therefrom. Accordingly, on December 13, 2007, the Plaintiff transferred the above KRW 30 million to the account in the name of C designated by the Defendant for the purpose of leasing the building to be used as a restaurant.

B. On December 24, 2007, D determined and leased the Dongjak-gu Seoul Metropolitan Government F Ground Building as lease deposit amounting to KRW 30 million and KRW 20 million per month of rent, with the intention of using it as restaurant building from E, and paid the above KRW 30 million received as contract deposit from the Plaintiff.

C. On March 3, 2008, the Plaintiff, the Defendant, and D drafted an agreement with the joint representative director of the company to be established in the future, and with a share of 1/3 of the total profits of the company at the time of completion of the preservation of each investment amount.

Plaintiff, Defendant, and D are Co., Ltd. H on March 20, 2008, whose representative director is D on March 20, 2008.

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