(영문) 부산지방법원 2020.02.19 2019나51048

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(영문) 부산지방법원 2020.02.19 2019나51048

대여금

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1. All appeals filed by the plaintiff and the defendant are dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the court’s explanation is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment similar to that of paragraph (2) and adding a judgment, thereby citing it as it is in accordance with the main sentence of Article 420

In the third sentence of the first instance judgment, "A evidence 5-2, 4-2, 9-2, and 9-2, and part of witness B of the party trial" shall be added to the first sentence.

Part 3 of the judgment of the first instance shall be added to the following:

【5) On January 12, 2018, the Plaintiff remitted KRW 35 million to the Defendant, and the Defendant borrowed KRW 28 million from D (the Defendant acknowledges that the money transferred from D is a loan) and the Plaintiff’s money together with the said money to B on the same day. On February 9, 2018, the Plaintiff completed the registration of the business under the Defendant’s sole name on the E Youngdo store operated by B.

6) After acquiring E from B on April 2018, the Defendant took over E and managed E with D (the grounds of appeal and the judgment of the following sub-paragraph (7)) and transferred E with F the price for premium and inventory goods on July 2018, it seems that the Defendant did not notify the Plaintiff of the fact that E is transferred.

If the Plaintiff invested KRW 35 million to B, the Plaintiff and the Defendant were in the status of friendship and joint investors, and only the business registration of the said marina was made in the name of the Defendant. In the above circumstances, it seems that the Defendant did not transfer the marina without any circumstances from the Plaintiff, a joint investor, and without giving the Plaintiff an opportunity to recover the investment amount.

(D) 7 The defendant, on February 9, 2018, registered the business of the E Young-do store and opened a new account under the name of the defendant for the operation of the Et on the same day.

Since then, the money is deposited from the Defendant and B’s account to the said account, and the money is above.

참조조문

-민사소송법 제420조

유사 판례

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