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Reasons
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(영문) 대구지방법원 2020.11.26 2020나1415
대여금
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The part of the first instance judgment against the Defendants shall be revoked.

The plaintiff's claim against the defendants is dismissed in entirety.

Reasons

1. Basic facts

A. On January 18, 208, the Plaintiff entered into an agreement with the Defendants and F (hereinafter “Defendants, etc.”) as follows (hereinafter “instant agreement”).

The G (name A) and the plaintiff (name B) shall enter into an agreement in order to carry out the building planning and development project as follows:

1.B shall invest 100 million Won (107,000,000) at the same time, A shall pay 10% of the G shares to B.

2. A shall repay 67 million won to B by May 30, 2018.

(I) The amount of 120 million Won from the date of the agreement to the extent that the bank paid the interest to the bank from the date of the agreement;

(c) The price of H-house land shall be 4 million won per 69 square meters, 270 million won per 69 square meters.

5. The land price at the same time as the completion of the H house construction is paid.

6. G Profit dividends shall be distributed to Defendant D2, Defendant C1, Defendant B1, F1, Defendant E1, and Plaintiff 1.

B. After the agreement of this case, the Plaintiff deposited and paid KRW 17 million into the G account in the dispute resolution committee. Meanwhile, on January 21, 2018, the Defendants, etc. prepared and issued a cash custody certificate stating “70 million won to the Plaintiff on May 30, 2018.”

C. On March 29, 2018, G sent KRW 80 million to the Plaintiff’s passbook.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, Eul evidence 1, 2, Eul evidence 1 to 4, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The assertion and judgment

A. On January 22, 2018, the Plaintiff loaned KRW 17 million to the Defendants, etc. on the part of the Defendants, etc. on March 29, 2018, the Defendants, etc. claimed that the Defendants, etc. are liable to pay the Plaintiff the total amount of KRW 88.5 million on October 19, 2019, and KRW 88.5 million on the part of the Plaintiff. As such, the Defendants, etc. are obliged to pay the Plaintiff the remainder of the loan (= KRW 17 million - KRW 8.5 million) and delay damages therefrom.

As to this, the Defendants asserted that they leased KRW 17 billion to the Plaintiff and the Defendants.

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