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Reasons
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(영문) 서울북부지방법원 2016.10.28 2015나35049
대여금
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1. The defendant's appeal against the plaintiffs is dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The defendant is a person who runs a business of lending money, stock investment, etc. with the trade name of H Group, and the plaintiffs become aware of the defendant through the introduction of D and lend money to the defendant.

B. On January 13, 2012, Plaintiff A’s transaction details (1) deposited KRW 20 million in the name of E, and KRW 20 million in the name of E, and KRW 20 million in the name of F, and agreed to receive interest of KRW 1.5% per month for the Defendant among them. Without any interest agreement for the remaining KRW 20 million, Plaintiff A agreed to be paid half of the profits if the Defendant made an investment in the shares and made a profit.

(2) On January 13, 2012, D received the said KRW 40 million from Plaintiff A, and immediately remitted it to the Defendant account.

(3) Meanwhile, for about 10 months, Plaintiff A received KRW 300,000,00,000 from the Defendant via D, which is 1.5% interest per month on the said arrangement.

C. The Plaintiff B agreed to lend KRW 30 million to the Defendant and receive KRW 450,000 per month.

(2) On January 25, 2012, Plaintiff B deposited KRW 30 million into D’s account. D wired KRW 30 million on the same day to Defendant account.

(3) Plaintiff B received KRW 450,000 per month interest from the Defendant by July 2012.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 through 5, testimony of Gap's witness of the first instance court and the purport of whole pleading

2. Determination:

A. The plaintiffs asserted that they lent money to the defendant through D on the condition that they pay interest to the defendant. However, the defendant did not borrow money from the plaintiffs, and the defendant merely borrowed money from D, and the defendant also lent 47.5 million won to D on June 28, 2012 after receiving the total amount of KRW 70 million claimed by the plaintiffs from D, as well as 25 million that the defendant borrowed from D on August 2, 2012.

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