beta
Text
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. The parties' assertion
A. The Plaintiff asserted that the Plaintiff leased KRW 30 million on August 30, 2013 to E, who operated the D entertainment tavern (hereinafter “instant main shop”) located in 1,00,000,000 to E, who was due and payable on October 30, 2013. In accepting the instant main shop, the Defendant agreed to acquire E’s obligation of KRW 30 million.
The Plaintiff lent KRW 12 million to the Defendant, and KRW 2 million to F, respectively, in relation to the instant main shop’s business, and the Defendant decided to fully repay the said KRW 14 million.
Therefore, the defendant is obligated to pay to the plaintiff 4 million won and damages for delay.
B. The Defendant’s assertion that G made a joint investment with G, the Plaintiff, and H, in October 2013, to the Defendant in the instant main points with G, the Plaintiff, and H, and invested 40 million won by obtaining a loan. Since it did not make any profit thereafter, only renounced the right to and investment in the instant main points and did not take over obligations E, etc. or borrowed money from the Plaintiff.
2. According to the evidence Nos. 1, 2, 5, and 1-2 of the evidence Nos. 1-2, E operated the main points of this case, and the Plaintiff determined on August 30, 2013 and lent KRW 30 million to E on October 30, 2013, and the Plaintiff’s mother’s mother transferred from the F account to the Defendant’s account to November 11, 2013, respectively.
However, the above recognized facts, Gap evidence Nos. 3 and 4, and testimony by the witness G of the trial party is alone taken over the main points of this case, the plaintiff's mother's actual profits from the money transferred from the account held in the name of his mother, the nature of the money, G related to the main points of this case, and the defendant's relationship is unclear.
It is recognized that the defendant promised to pay 2 million won, which has been transferred to or from the defendant's account, to the defendant borrowed from the plaintiff or transferred to the F's account.