beta
Text
1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from June 11, 2016 to the date of full payment.
Reasons
1. The Plaintiff, on March 26, 201, remitted KRW 5 million to the Agricultural Cooperative Account in the name of the Defendant, KRW 10 million on March 27, 201, KRW 10 million on March 28, 2011, KRW 10 million on March 29, 201, KRW 10 million on March 29, 201, and KRW 15 million on March 30, 201.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]
2. The party's assertion and judgment
A. (1) The Plaintiff’s assertion (1) The Plaintiff received a request from the Defendant to lend money through C, and lent KRW 45 million to the Defendant.
Therefore, the defendant is primarily liable to pay the plaintiff a loan of 45 million won and damages for delay.
② The Defendant asserts that D, who entered into a partnership agreement with the Plaintiff, borrowed KRW 45 million from the Plaintiff, and that the said money was deposited into the Defendant’s account.
According to the defendant's argument, D borrowed KRW 45 million from the plaintiff due to the execution of the business of the union, and the above loan was used for the union.
Therefore, since the above loan obligation is a union obligation that has been borne by all union members for commercial activities, the defendant is obligated to pay the above loan to the plaintiff in accordance with Article 57(1) of the Commercial Act or Article 712 of the Civil Act.
In addition, even according to the defendant's assertion, the defendant received and used KRW 45 million from the plaintiff without any legal ground, and thus, the defendant is obligated to return the above loan to the plaintiff as unjust enrichment.
(2) The Defendant’s assertion ① did not borrow KRW 45 million from the Plaintiff.
② Along with Defendant and E, D entered into a partnership agreement with both the Defendant and E, and borrowed KRW 45 million from Plaintiff or C (C lending KRW 45 million from Plaintiff to D) to perform its investment obligation, and the said money was remitted to the Defendant’s account.
B. First of all, the Plaintiff’s judgment is 45 million won to the Defendant.