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Reasons
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(영문) 서울중앙지방법원 2015.01.12 2013가단156935
대여금
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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 6% from January 26, 2012 to January 12, 2015.

Reasons

1. Basic facts

A. The Plaintiff agreed with the Defendant to acquire 40% of C’s equity interest and 40% of C’s interest, on condition that the Defendant invested 70,000,000 won in C Co., Ltd. (hereinafter referred to as “C”) planned to be established for the production and sale of revised clothes, and paid KRW 10,000,000 to the Defendant around November 16, 2010, and around 30,000 around the same month.

B. Around December 1, 2010, the Defendant established C and took office as a representative director, and the Plaintiff was registered as an internal director in the corporate register.

C. The Plaintiff’s KRW 10,000,000 on February 24, 2011, and the same year

6.1. 10,00,000 won, 23.10,000,000 won for the same year; and

9. May 5, 200,000 won, and January 18, 2012, total of KRW 55,000,000 on the 25th of the same month, and KRW 55,000,000 on the 25th of the same month, were additionally remitted. The Defendant transferred it to C’s account on the same day, and entered “Plaintiff’s provisional deposit” into C’s column.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) part of the Defendant’s claim for damages is that the sales would be KRW 100,200,000,000, by deceiving the Plaintiff, even though there was no technology necessary for manufacturing functional correction clothes, and the Plaintiff concluded the instant investment agreement and paid KRW 70,00,000 to the Defendant. As such, the Defendant is obliged to pay KRW 70,000,000 for damages caused by tort. Of them, the Defendant is obligated to pay KRW 10,000,000 and damages for delay after November 30, 2010.

(2) Upon the Defendant’s request for a loan, the Plaintiff leased a total of KRW 5,00,000 to the Defendant six times between February 24, 2011 and January 25, 2012. As such, the Defendant shall refund to the Plaintiff the amount of KRW 55,00,000 and the damages for delay from the date following January 25, 2012, which is the last date of remittance.

B. The defendant's assertion (1) The defendant did not deceiving the plaintiff, and products.

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