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Reasons
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(영문) 대구지방법원서부지원 2015.07.22 2015가단506
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and C are each defendant's shares, and the plaintiff is the spouse of D who is the defendant's vested interest, and C is the spouse of E who is the defendant's vested interest.

B. The Defendant, while operating C and F as a partnership business, decided to participate in the above partnership business around July 2004, and withdrawn from C around that time, and the Plaintiff and the Defendant operated the above store as a partnership business from August of the same year to February 2007.

C. Around July 2004, the Plaintiff paid C KRW 40,000,00 as the same business settlement amount. D.

The following contents are as follows between the plaintiff and the defendant: "The loan certificate on January 13, 2005, the certificate on January 21, 2005, and the cash custody certificate on March 30, 2005" in the name of the defendant.

The loan certificate of January 13, 200: The loan certificate of January 13, 2005> The repayment method of the above amount of KRW 6,000,000 in full: 1,00,000 for six months: The borrower at the cash service rate of KRW 2,00: B, the certification Form of January 21, 2005 (B) confirms the contents of the investment of A in the commencement of joint operation (Dong business) on August 1, 2004.

1. 40 million won independent funds of E;

2. A payment guarantee of 20 million won by the G mother loan (A)

3. Raw purchase of 4850,000 won;

4. The name of the Cash Storage Certificate> 6 million won (payment in six months each month): B amount: 20,000,000 won for interest on March 30, 2005: The due date for payment in KRW 20,000: March 30, 2006; 20,000 won for interest: The fact that there is no dispute over the ground for recognition, Gap evidence 1, 2, and 3 respectively, the testimony of the witness C, and the purport of the whole pleadings.

2. The parties' assertion

A. 40,000,000 won in the settlement of accounts for the Plaintiff’s argument C is to be borne by the Plaintiff and the Defendant, respectively. The Defendant did not pay KRW 40,000,000 to C due to the lack of funds, thereby lending KRW 20,000,000 corresponding to the Defendant’s share to C to the Defendant. This is an individual loan that occurred before commencing the business, and thus, the statute of limitations for commercial claims does not apply.

In addition, the plaintiff lends 6,00,000 won to the defendant.

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