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Reasons
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(영문) 수원지방법원성남지원 2016.02.19 2015가단22822
대여금
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, Defendant B, and D decided to invest a total of KRW 120 million in shares, each of which is KRW 40 million, and Defendant B and D decided to borrow KRW 40 million.

However, on November 12, 2010, the Plaintiff lent KRW 10 million to Defendant B, and Defendant B returned KRW 5 million to the Plaintiff on December 2, 2010 and paid KRW 5 million to the Plaintiff. On August 12, 2011, the Plaintiff wired KRW 50 million to Defendant B on August 16, 201, and transferred KRW 25 million to D on August 22, 201, KRW 10 million, and KRW 30 million on September 5, 201, KRW 650 million.

Therefore, on August 12, 201, Defendant B borrowed a total of KRW 40 million from the Plaintiff, and on August 12, 2011, Defendant B made up a certificate of borrowing KRW 50 million to the Plaintiff (Evidence A No. 1; hereinafter “first certificate”). B, the Plaintiff, Defendant B, and D decided to invest KRW 120 million in shares, and on September 10, 201, 10% out of the profits, the amount of 10% out of the profits shall be paid in the information cost, and the monthly interest shall be paid in three persons. The settlement shall take place (Evidence B; hereinafter “instant agreement”). The Plaintiff additionally lent KRW 14 million to the Defendant B on September 28, 201, and issued the certificate of borrowing KRW 50 million in the name of the Defendant C, and the amount of monthly interest shall be apportioned by 30%.

On August 5, 2011, the Plaintiff leased the F’s house located in Gangdong-gu Seoul Metropolitan Government E with a deposit of KRW 50 million, KRW 50 million per month, and the period from August 27, 2011 to August 27, 2013, and caused Defendant B to live, and Defendant B paid to the Plaintiff KRW 50 million per month.

On the other hand, the defendant C’s monthly rent of KRW 500,000 and KRW 500,000,000 in monthly payment of KRW 50,000 in the name of the defendant C does not raise any objection even during one month of non-performance (hereinafter “each of the instant notes”).

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