logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2019.02.20 2018가단14079
대여금
Text

1. As to the Plaintiff A’s KRW 30,00,000, and KRW 20,000,000 to the Plaintiff B, the Defendant from August 28, 2018.

Reasons

1. The plaintiffs' claims

A. The Plaintiffs received a request from the representative of the Defendant, who is the branch, to provide funds to the Defendant for the operation of solar power generation projects, and Plaintiff A lent KRW 30 million to the Defendant on February 3, 2018, and Plaintiff B lent KRW 20 million on February 9, 2018, respectively.

B. However, the defendant did not obtain permission for solar power generation projects and did not return the above money to the plaintiffs, but did not pay it.

Accordingly, the defendant is entitled to pay the above loans and damages for delay.

2. The defendant's assertion

A. The amount received from the Plaintiffs is not a loan but an investment money.

1) At the time of receiving investment funds from the Plaintiffs, the Defendant was preparing for purchasing the site for solar power generation projects. In fact, around February 2018, the Defendant purchased from Nonparty D the forest located in Seongbuk-gun E in Seongbuk-gun from Nonparty D in terms of KRW 265,600,000, and paid KRW 27 million as down payment. In the event that the power generation permission is not granted due to the special terms and conditions of the sales contract, the Defendant would be refunded the total down payment, and the Defendant would be refunded the brokerage fee (20 million) paid by the Defendant to the broker. (2) At the time, the Defendant explained these circumstances to the Plaintiffs, and received the investment funds from the Plaintiffs, and in particular, the Plaintiff B attended at the time of concluding the sales contract and confirmed the process.

B. However, since the development permission stipulated in the special contract of the above sales contract has not been granted, the defendant would return the down payment, etc. from D, and if the defendant receives the return of the down payment, the defendant would return the investment money to the plaintiffs.

3. Determination

A. On February 3, 2018, Plaintiff A asserted that: (a) paid KRW 30 million to the Defendant on February 3, 2018; and (b) KRW 20 million to the Defendant on February 9, 2018 by means of each account transfer; (c) there is no dispute between the parties (applicable by the evidence Nos. 1, 2, and 3; and (d) the Plaintiffs asserted that it is a loan; and (e) the Defendant asserts that it is an investment amount.

(b) A stove records.

arrow