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(영문) 인천지방법원 2015.06.12 2014가합7250
대여금
Text

1. The Defendant: (a) KRW 514,640,00 for Plaintiff A; (b) KRW 269,00,000 for Plaintiff B; and (c) from June 18, 2013 for each of the said money.

Reasons

1. The parties' assertion

A. The primary argument of the Plaintiffs 1) The Defendant promised to pay the principal and interest within 4-5 days if the Plaintiff purchased an accident vehicle and repaired it to the Plaintiffs, which would be able to obtain a large amount of profit on a short-term basis. The Plaintiffs leased money whenever requested by the Defendant. The sum of the money lent by the Plaintiff A to the Defendant from June 15, 2013 to June 18, 2013 is KRW 514,640,000, and the sum of the money lent by the Plaintiff B to the Defendant is KRW 269,00,000. Accordingly, even if the Defendant’s conjunctive assertion is not a loan to the Defendant, the Defendant is obligated to return the investment principal to the Plaintiffs in accordance with the agreement, since it was agreed to guarantee the principal of the investment and profit to the Plaintiffs.

Even if it is not so, the defendant is liable for damages caused by tort since it has not used the amount equivalent to 350,000,000 won out of the investment funds paid by the plaintiffs to invest in the business of the non-party D and has been arbitrarily embezzled.

B. The Defendant invested in the business of Nonparty D. The Defendant collected the Plaintiffs’ investments in the business of Nonparty D, and delivered them to D, and received principal and profit from D and delivered them to the Plaintiffs. The Defendant did not agree to borrow money from the Plaintiffs or to guarantee the Plaintiffs the principal and profit of the investment.

In addition, the defendant returned 424,150,000 won to the plaintiff A and 209,150,000 won to the plaintiff B for the period from June 15, 2013 to June 18, 2013, and part of the investment amount that the defendant received from the plaintiffs is not arbitrarily embezzled.

2. The fact that the Defendant received a total of KRW 514,640,000 from the Plaintiff A from June 15, 2013 to June 18, 2013, and a total of KRW 269,00,000 from the Plaintiff B, respectively, is between the parties.

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