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(영문) 창원지방법원 2019.07.26 2018나58933
대여금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff B is a person who runs the livestock wholesale business in the name of "E" in the name of "E" in the name of "E" in the name of "E, which is one's own wife, and the defendant is a person who operated the meat store in Busan F and G with the trade name of "H".

B. From October 6, 2015, the Defendant agreed to pay the amount of KRW 150 million,000,000,000,000,000 for the lease deposit and the intermediate payment of KRW 25 million,000,000,000,000,000, out of the remainder amount of KRW 80,000,000,000,000 on October 6, 2015, when the Plaintiff had engaged in the transaction with Plaintiff B, and the remainder of KRW 30,00,00,00,000 on October 30, 2015.

C. On October 20, 2015, the Defendant completed the business registration of meat sales business with the trade name “J (hereinafter “the instant meat store”) at the said store, and discontinued the operation of the instant meat store on December 2015 while operating the meat store.

Plaintiff

B transferred KRW 75 million to the Defendant on October 22, 2015, and the Defendant returned KRW 25 million out of the said money to the account under the name of Plaintiff A on November 27, 2015.

[Grounds for recognition] The descriptions of Gap 1, 2, 4, Eul 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ assertion that Plaintiff B transferred to the Defendant on October 22, 2015 is an investment amount under which Plaintiff B agreed to return the principal.

Therefore, the defendant is obligated to pay the plaintiff A or the plaintiff B, who is the representative title of "E", the amount of KRW 50 million which has not been returned and the damages for delay.

B. The Defendant asserted that the Defendant opened the instant meat store as Plaintiff B and the same business, and received KRW 75 million as investment money, and that Plaintiff B requested that money be necessary and returned KRW 25 million among them.

The Defendant paid a large amount of money in the course of operating the instant meat store, and there is no investment amount to be returned to the Plaintiff B, and thus, the Defendant cannot comply with the Plaintiffs’ claim.

3. Determination.

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