(영문) 서울고등법원 2018.05.17 2017나2045767

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.05.17 2017나2045767

대여금

Text

1. All appeals filed by the Plaintiff, Defendant B and C are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

An abbreviationd name set forth in paragraph (1) of the first instance judgment shall also be used as it is.

2. Determination on the Plaintiff’s claim for payment of KRW 300,000,000

A. 1) The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff initially lent KRW 250,000 to the Defendants a total of KRW 250,00,000 with the funds related to Defendant B and D’s joint projects; (b) subsequently, the Defendants agreed to convert the said funds into investments to participate in the instant joint projects; and accordingly, (c) H and the Defendants entered into the instant association agreement and the instant establishment agreement; and (d) KRW 50,00,000 with the funds for the instant joint projects. However, as the instant joint projects are not operated properly, H did not operate, and therefore, the Plaintiff was an association established under the instant association agreement (hereinafter “instant association”).

The Defendants withdrawn from the Plaintiff and agreed to convert the above loans into loans as before the instant association agreement was transferred instead of returning the investment amount to the same extent as the transfer of the instant association agreement. In addition, the investment amount was not H but the Plaintiff paid to the Defendants. Since the actual parties to each of the instant contracts are also the Plaintiff not H, the Defendants are jointly and severally obligated to pay the Plaintiff a total of KRW 300,000,000 to the Plaintiff as a loan. (2) The Defendants agreed to convert the above loans into the investment amount for the instant joint business of Defendant B and D, but agreed to convert the loans into the investment amount of KRW 200,000 for the instant joint business. The fact that KRW 50,000 was additionally invested on the date of the conclusion of the instant association agreement and KRW 50,000,000 was additionally invested after the conclusion of the instant association agreement, as seen earlier.

As above, the Plaintiff and the Defendants.

참조조문

-민사소송법 제420조

유사 판례

-수원지방법원 2017.07.20 2016가합595

-인천지방법원 2017.11.16 2017나1349

-서울중앙지방법원 2016.10.12 2015나47876

-수원지방법원 2021.04.28 2018가합29279

-대구지방법원 서부지원 2018.05.16 2017가단4298