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(영문) 광주지방법원 2020.02.14 2019나2830
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. On April 6, 2017, the Plaintiff asserted that the Defendants borrowed KRW 10 billion from the Defendants for two weeks and agreed to pay KRW 150 million to the Defendants in return. On the same day, the Plaintiff paid KRW 30 million to Defendant B.

However, since the Defendants did not lend KRW 10 billion to the Plaintiff and did not implement the above agreement, they are obligated to return KRW 30 million already paid by the Plaintiff in accordance with the above agreement.

B. Defendant B’s assertion that the Plaintiff would have a loan worth KRW 100 billion in relation to the apartment business of Company D (hereinafter “D”), and that if the Plaintiff would have deposited KRW 10 billion in the account in the name of Company D and used it for a long time, Defendant B would pay KRW 150 million in return. Defendant B, who opened the D account on April 6, 2017 with the total amount of KRW 55 million, deposited KRW 10 billion in the Plaintiff, and presented the number of KRW 10 billion in face value on the following day, but the Plaintiff did not recognize it and did not pay KRW 120 million.

Defendant C asserts that there is no reason to return the said money because it did not enter into an agreement between the Plaintiff and the Plaintiff, and it did not directly receive KRW 30 million.

2. Determination

A. According to the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, 2, Eul evidence No. 1, 3, and Eul evidence No. 2, it is acknowledged that the bank account in the name of Eul was opened on April 6, 2017 and deposited in an amount equivalent to ten billion won. The defendant Eul presented the details of the above account to the plaintiff on the same day, and received KRW 30 million from the plaintiff on April 7, 2017, and the defendant Eul presented the number of KRW 10 billion at face value to the plaintiff on April 7, 2017, but the plaintiff did not receive the above number of KRW 150 million and did not provide the remainder of KRW 120 million, excluding KRW 30 million already paid to the defendant Eul.

B. According to the facts acknowledged earlier, the Plaintiff and the Plaintiff.

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