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Reasons
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(영문) 부산지방법원 2016.12.15 2016가단19516
대여금
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 11, 201, the Plaintiff remitted KRW 30,800,00 to Defendant B.

B. In addition, the Plaintiff transferred KRW 13,000,000 to Defendant C on January 17, 2012.

C. On January 19, 2012, the Plaintiff remitted KRW 25,000,00 to Defendant C.

【Ground of recognition】 The fact that there has been no dispute, the entries in Gap evidence 1-1, 3, and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff asserts that the Defendants jointly and severally liable for the payment of the above borrowed amount of KRW 68,800,000,000 from the Plaintiff to the Defendants’ partner fees. 2) The Defendants asserted that the Defendants were liable for the payment of the borrowed amount: ① with respect to the money first remitted by the Plaintiff, Defendant C, the representative of Malaysia, borrowed it from the Plaintiff; ② with respect to the money second remitted by the Plaintiff, the Plaintiff invested in the Defendant C; ③ with respect to the money second remitted by the Plaintiff, Defendant C, the representative of Malaysia, the Plaintiff invested in the Plaintiff; ③ with respect to the money third remitted by the Plaintiff, Defendant B borrowed it from the Plaintiff for the purpose of investing in the said D.

B. First of all, there is no evidence to prove that the Defendants borrowed money from the Plaintiff to the Plaintiff’s partner deposit in the first and the second place. Rather, according to the evidence Nos. 2-1, 2, 3, 6, and 4-1 and 2-2 of the evidence Nos. 2-2, the Plaintiff accused the Plaintiff by deceiving the Plaintiff to lend the purchase price of materials to the Plaintiff. However, on July 20, 2016, the Busan District Public Prosecutor’s Office did not charge the Plaintiff by deceiving the Plaintiff to borrow money from the Plaintiff. However, on the ground that the Plaintiff could have invested KRW 28,00,000 on Nov. 11, 201, 200 in the shipbuilding business operated by the Plaintiff C, the Busan Public Prosecutor’s Office did a non-suspect disposition against the Defendant B on the ground that it appears that the Plaintiff would have obtained a loan from the Plaintiff, thereby deceiving the Plaintiff on Oct. 1, 2018, 2000.

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