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Reasons
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(영문) 부산지방법원 2015.09.15 2014가단71343
청구이의
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1. The Defendant’s compulsory execution against the Plaintiffs based on the Busan District Court Decision 2013Gauri105403.

Reasons

1. Facts of recognition;

A. On February 2, 2012, the Plaintiffs borrowed KRW 20,000,000 from the Defendant, without setting interest and maturity for payment, from the Plaintiff’s account in the name of the Plaintiff B (hereinafter “instant contract”).

B. The Defendant jointly and severally filed a lawsuit against the Plaintiffs claiming the return of loan amounting to KRW 12,00,000 and delay damages therefor, claiming that the Plaintiffs were jointly and severally liable to pay the Defendant the unpaid loan amounting to KRW 12,00,000,000, and the Busan District Court rendered a lawsuit for the return of loan under the Busan District Court Decision 2013Da105403, Jun. 28, 2013 (hereinafter “instant decision on performance recommendation”) was served on the Plaintiffs on July 4, 2013, and became final and conclusive on July 19, 2013.

C. From March 2, 2012 to December 31, 2012, Plaintiff B transferred KRW 20,000,000 in total to the Defendant’s bank account, KRW 23,000,000,000 on ten occasions, and February 25, 2013, KRW 1,000,000 on March 29, 2013, and KRW 23,000,000 on April 15, 2013.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The plaintiffs' assertion 1) paid 23,00,000 won to the defendant after borrowing the instant money from the defendant. Accordingly, since the plaintiffs fully repaid the instant money to the defendant, compulsory execution based on the decision on the execution recommendation of this case shall be dismissed. 2) When the defendant's assertion that the defendant lent the instant money to the defendant, when the defendant invests 20,000,000 won to the defendant in the relevant business on behalf of the plaintiffs, he shall pay 1,00,000 won as the principal of the investment and 1,00,000 won as the dividend in one month.

“In conclusion, the Defendant was to lend and invest the instant money, and the said KRW 23,00,000,000 was paid as the principal and dividend for the loan under the instant contract. Therefore, the Plaintiffs were to lend the remainder of the loans to the Defendant under the instant contract.

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