(영문) 서울중앙지방법원 2018.11.21 2018가합506778

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(영문) 서울중앙지방법원 2018.11.21 2018가합506778

대여금

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1. The Defendant shall pay to the Plaintiff KRW 1,00,000,000 as well as 15% per annum from December 7, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On October 10, 2006, the Plaintiff transferred KRW 1,000,000 to the Defendant.

The defendant was transferred to the plaintiff the amount of approximately KRW 1,00,000,000 to a new bank account (C) for investment representation in around 2010.

The above money is confirmed once again because it has agreed to distribute profits at the time of the occurrence of investment profits, and it has agreed to guarantee the principal in case of loss of principal.

B. On December 31, 2015, the Defendant: (a) drafted and entered into a written confirmation of the following facts (hereinafter “instant factual confirmation”) with respect to KRW 1,00,000,000 on the Plaintiff; and (b) agreed to guarantee the principal amount of KRW 1,00,000 (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. In light of the following circumstances, first of all of the determination as to the cause of the claim, the legal nature of KRW 1,00,000,000 that the Defendant remitted to the Plaintiff, the evidence mentioned above, and the overall purport of the entries and arguments in Gap evidence No. 4, namely, the confirmation document of this case states that the Defendant received “investment funds” from the Plaintiff, and that this is equally stated in the draft of the confirmation document of fact prepared by the Plaintiff, if the said money is deemed as a loan, it is inconsistent with the agreement on guaranteeing principal as stated in the confirmation document of this case, and other special circumstances that can be deemed as a loan, it is reasonable to deem that the money remitted by the Plaintiff to the Defendant is not a loan, but a loan.

Furthermore, as seen earlier, the Defendant agreed to guarantee the principal of the said invested amount to the Plaintiff. Therefore, the Defendant, barring any special circumstance, shall pay the said investment amount of KRW 1,000,000,000 to the Plaintiff and the said amount.

유사 판례

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