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Reasons
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(영문) 창원지방법원진주지원 2020.06.25 2019가단1431
양수금
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. In around 2007, the Plaintiff introduced Nonparty D (Defendant) to Nonparty C.

C invested KRW 300 million in D’s construction business around November 2007, and D agreed to return KRW 600 million within one year, and C agreed to return KRW 450 million (= principal KRW 150 million) to C, and agreed to return the Plaintiff’s profit amounting to KRW 150 million.

B. D has received such investment and failed to refund the investment at the end of one year.

Accordingly, C demanded repayment to the defendant, who is the child of D, and the defendant prepared a monetary lending contract (Evidence A 1) at the end of 2008 and delivered it to C.

The above monetary lending contract is stated as KRW 300 million, and the due date is October 15, 2008.

C. Meanwhile, around 2005, the Plaintiff and C made a joint investment of 7079 square meters and 2235 square meters prior to F, in relation to the said real estate (hereinafter “Ginhae Real Estate”) and completed the registration of ownership transfer in the name of C.

However, as D was unable to return the above money, the Plaintiff transferred 1/2 of the Plaintiff’s share in the real estate in Kimhae-si to C, and C agreed to treat D as having repaid KRW 150 million, a half of the total of KRW 300 million invested to D.

C filed a lawsuit of loan claim against the defendant around 2013.

(C) On June 16, 2014, the Defendant paid KRW 160,00,000 to C, and the Defendant paid KRW 160,00,000 to the Defendant’s principal and interest of KRW 170,10,000 among the principal and interest of KRW 150,00,000.

(The above mediation was also participated). [The ground for recognition] The Gap evidence Nos. 1, 2, 6, and 8, Eul evidence No. 2 (including the serial number), the witness C's testimony and the purport of the whole pleadings.

2. Determination on the claim for the amount of money transferred (the main claim)

A. The gist of the Plaintiff’s assertion is from C around June 2014.

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