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1. The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is active as a cancer team leader, and Defendant B operates a facility that can conduct a cancer team from November 2013 to “D”.
B. Defendant C, the spouse of Defendant B, opened the instant education center with the trade name “E” around November 2014 (hereinafter “instant education center”).
C. The Plaintiff and Defendant B agreed to pay KRW 40,000,000 to be used in opening the instant education center to Defendant B. On September 17, 2014, the Plaintiff deposited KRW 40,000,000 in the Defendant B’s account using the account of female-friendly job offering F.
Defendant B deposited KRW 2,00,000 in the F’s account on March 22, 2016.
[Reasons for Recognition] Evidence No. 1, Evidence No. 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion (1) received a request from Defendant B to lend 40,000,000 won from the instant education center upon the Defendant’s request, and the Plaintiff demanded Defendant B to return KRW 40,000,000 to Defendant B on December 2015.
Defendant B paid KRW 2,00,000,000 on March 22, 2016, while Defendant B was able to repay in installments every month in March 2016.
Since Defendant B borrowed the business reserve fund of the instant education center from the Plaintiff, it shall return the loan and its interest added to 6% per annum as prescribed in the Commercial Act, and Defendant C, as the representative of the instant education center, operates the instant education center jointly with Defendant B, and thus, Defendant B is jointly liable to repay the loan jointly with Defendant B, pursuant to Article 57(1) of the Commercial Act or as a person who lent his business registration name to Defendant B.
(2) The Plaintiff and Defendant B invested KRW 40,000,000, and established the instant education center as the representative of Defendant C, and subsequently Defendant B invested the rent, management expenses, personnel expenses, and other expenses, to operate the instant education center.